Agriculture - 1995

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This page lists 8 cases, and was prepared on 01 January 2009.

Welby and Another -v- Casswell
14 Apr 1995 CA	Agriculture, Landlord and Tenant	Casemap 1 Cites 1 Citers
	A farming tenant drew his income from farming despite living off his overdraft on a small return from farming activities. Held: The court should adopt a purposive construction. The right to inherit an agricultural tenancy survived if he worked and was dependant on the farm despite the absence of any profit.
	Agricultural Holdings Act 1986 36(3)(a)

Regina -v- Ministry of Agriculture, Fisheries and Food ex parte Lay and Gage
15 May 1995 Admn Mr Justice Latham	Agriculture, Administrative, European	Casemap 1 Cites
	The claimants sought damages for the wrong interpretation of the law by the Ministry, which had restricted their rights to milk quota. Held: Making an administrative decision which was in breach of European law was not enough in itself to justify a claim in damages, there had to be some misinterpretation of European law. The respondent acted bona fide, and made an excusable mistake as to the interpretation of a legislative provision which was not clear or precise. No claim for damages lay against them.

Regina -v- Ministry of Agriculture Fisheries and Food Ex Parte St Clere's Hall Farm and Others
16 Jun 1995 QBD	Agriculture
	Pooling of activities short of full partnership allowable in claim for milk quota.

Regina -v- Hereford Herd Book Society Ex Parte O'Neill
19 Jul 1995 QBD	Agriculture, Animals, European
	A Cattle Breed Society was not obliged by the Directive to admit and register pure bred cattle living in Ireland.
	Statute References omitted

Regina -v- Ministry of Agriculture Fisheries and Food ex parte Lower Burytown Farms Limited and National Farmers Union and others [1995] EWHC Admin 2; [1995] EWHC Admin 2
1 Aug 1995 Admn Mr Justice Laws	Agriculture, Administrative	Casemap 1 Cites
	The applicants were farmers who had claimed payments under the set-aside scheme. Payment was refused on the basis that they had claimed too much, but payment was ordered to be made after a ruling in Europe. They now sought judicial review of a refusal to pay interest on the payments withheld. The claims were wrong, but not fraudulent. Interest was payable if the sum claimed was owed as a debt. Held: The sums would not have been claimable by writ, and orders for review were granted.
	Statute References omitted
	[ Bailii ]

Regina -v- Ministry of Agriculture & Fisheries, Ex Parte National Union of Farmers and Others
25 Sep 1995 QBD	Agriculture
	UK regulations on Sheep and Suckler Cow premiums do not comply with European Community Law.
	Statute References omitted

City of Aberdeen District Council -v- Ben Reid & Co Ltd
6 Oct 1995 OHCS	Agriculture
	Whether a garden centre was an agricultural holding was a question of fact and degree.

Wase (Inspector of Taxes) -v- Bourke
24 Nov 1995 ChD	Agriculture, Capital Gains Tax
	The separate sale of a milk quota on a farmer's retirement had no capital gains tax exemption.