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In Westerhall Farms v The Scottish Ministers, 25 April 2001, 2001 GWD 14-537, Lord Carloway refused an interim interdict to prevent a cull of cattle and sheep on the petitioners farm, rejecting arguments, inter alia, that it was a breach of Article 1 of the First Protocol to the European Convention on Human Rights (peaceful enjoyment of possessions). The petitioners had claimed that the only part of their farm within 3 kilometres of the outbreak was a high boggy area where the sheep did not go, while the prevailing wind was from theirs to the infected farm.

Mr Buckley, the farmer, said that the affected farm's steading buildings were 6km away from his buildings and in a different valley and that applying the policy to an extensive hill farm like his was "senseless". He said: "The majority of the sheep are many miles from the infected animals on the neighbouring farm and there is no evidence that this will prevent the spread of the disease. "My sheep are one of the last two flocks of black face hefted sheep in the immediate vicinity and are evidently healthy."

See also http://www.abc.net.au/rural/fmd/s283687.htm