NFU hails High Court decision in TB table values test case

NFU leaders took time out from their TB fightback campaign to welcome today’s High Court judgment in the long-running TB compensation test case.

The NFU and its Legal Assistance Scheme had backed Devon dairy farmer David Partridge, the claimant in the case, who took Defra to task over the level of compensation he received for a number of high value pedigree animals taken away for slaughter in March 2006. The sums paid were based on the 'average values' tables the Government introduced in February 2006, but fell far short of the real market value of the animals.

Handing down his judgment this morning, Lord Justice Stanley Burnton found that Defra’s approach to the valuation of high-value animals was unlawful. In applying average values to high-end cattle, Defra was discriminating against their owners without sufficient justification.

On hearing the news, NFU President Peter Kendall said: “The NFU has always argued that the way Defra implemented table values was grossly unfair to producers of high value, quality animals which are slaughtered for TB control purposes. We are pleased that a court has taken the same view.

“However, as I’ve said before, this should never have ended up in the courts. The NFU and all parts of the livestock industry have sought to work with Defra over the last five years to devise a scheme that strikes the right balance between pressures on the public purse and the losses suffered by livestock producers, including those who have invested in building up high quality herds.

“The events of the last week, with the Secretary of State announcing there is to be no co-ordinated action to deal with TB in wildlife, makes this decision all the more timely. Unless this disease is tackled on all fronts, farmers are left fighting it with one hand tied behind their back and will continue to see thousands of animals taken away for slaughter before their time.

“What a waste. Of productive livestock, of public money, and of an opportunity to do something about it.”


Notes for editors

The case of R (on the Application of Partridge Farms Limited) v The Secretary of State for the Environment, Food and Rural Affairs was heard by Lord Justice Stanley Burnton in the High Court on June 9-10 2008. Judgment was handed down at 10am today, Monday 14 July.

The judge has given Defra permission to appeal. It is not known yet whether an appeal will be lodged.

The case has been fully backed by the NFU and its Legal Assistance Scheme.

Tim Russ of South West NFU panel firm Clarke Willmott acted for the Claimant, Partridge Farms. Hugh Mercer QC advised on the case and represented the Claimant in the proceedings.

A more detailed NFU briefing on the case is available from the NFU Press Office on 02476 858686.


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