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Clarke Willmott

SOUTH WEST FARMERS MUST MOVE FAST OR LOSE OUT ON TB COMPENSATION

Claims for high-value cattle cull must be lodged now, warn leading agricultural lawyers

Westcountry farmers who believe that their cattle, slaughtered due to TB infection, were undervalued by DEFRA‘s compensation scheme must challenge that decision now or risk losing out. 

This is the warning from Tim Russ, South West based national head of agriculture at law firm, Clarke Willmott.

The warning arises from Clarke Willmott‘s success in challenging DEFRA in the High Court on behalf of a Devon farmer, whose high-value cattle were slaughtered and compensated on an “average-value” basis. 

That High Court decision is being appealed by DEFRA, and is due to be heard next March.

“We have learned that many other farmers, equally affected by this issue, are at risk of losing additional compensation because they are under the mistaken impression that they do not need to take any action until the appeal case is decided”, said Mr Russ. 

“That could cost them £thousands”, he warned.

“Farmers must start court action right now to safeguard their position.  There is only a three-month window between receiving the DEFRA valuation and issuing legal proceedings to challenge that valuation”, he explained. 

For farmers who have already initiated proceedings, Clarke Willmott has agreed with DEFRA that they can have their cases put on hold, pending the outcome of the appeal.  If the ruling is upheld, those farmers should be entitled to additional compensation.

The High Court ruled that DEFRA unfairly discriminated against Clarke Willmott client, Devon‘s Mr Partridge, and offended against the EU principle of equality by applying the Cattle Compensation (England) Order 2006 to value his premium stock. 

This formula was judged not to have differentiated between high and low value cattle, meaning that farmers with low-value stock were being over-compensated, and those with high-value stock received a fraction of their value.

In Mr Partridge‘s case, he received just £8,726 for eight pedigree Holsteins, deemed to be worth £3,000 each. 

Tim Russ, who was placed in the country‘s top band for agricultural lawyers, alongside fellow Clarke Willmott South West partner, Tom Hyde, in the latest Chambers UK 2009 rankings, said:  “While we are determined to fight this case through to a satisfactory conclusion, we do not want other affected farmers to lose out on their potential for full compensation.  They must start legal proceedings now to avoid that danger”, he added.

END                           20th November 2008  

For further information please contact Tim Russ, Clarke Willmott, on 0845 209 1621 or Catherine McFarland, Clarke Willmott, on 0845 209 1423