Agriculture - 1999

The case shown here are derived from the lawindexpro case law database. lawindexpro is a low cost case law database, with over 130,000 case listings, and over 95,000 links to full text judgments. The free service below shows the core information on the case, but is restricted in several ways. A small proportion of cases do allow access to the full lawindexpro information. These cases are selected at random, and may be different on your next visit. The active links through to lawindexpro are extremely powerful allowing full access to all linked cases.  

This page lists 13 cases, and was prepared on 15 November 2008.

Millington -v- Secretary of State for the Environment (1999) 1 PLR 36
1999 QBD Judge Rich QC	Planning, Agriculture	Casemap
	The court commented on provisions in a circular as to the correctness of imposing planning conditions where it was thought that they might not be fulfilled: "I think that that footnote is mistaken. Certainly the case leaves it open to the Secretary of State to refuse to impose such a condition if there are reasons other than the unlikelihood of implementation. But the unlikelihood of implementation is not by itself a sufficient reason to refuse, and allowing it to be policy cannot make it so."

Unity Fr 165 Limited -v- Stephen Bellany -v- Ministry of Agriculture, Fisheries and Food [1999] EWHC Admin 32
14 Jan 1999 Admn	European, Agriculture, Crime
	Link[s] omitted

Nigel William Mott David Henry Merrett -v- Environment Agency [1999] EWCA Civ 614
20 Jan 1999 CA	Agriculture
	Link[s] omitted

Unity FR 165 Ltd and Another -v- Ministry of Agriculture Fisheries and Food
20 Jan 1999 QBD	European, Agriculture
	When looking at the compliance of a company mackerel fishing with European limits, the boat had to comply with all elements of the regulations, including notification before entering the area and notification of the size of the catch.
	Statute References omitted

European Parliament -v- Council of the European Union C-164/97
25 Feb 1999 ECJ	European, Agriculture, Environment	Casemap 1 Citers
	Europa Regulations on the protection of forests against atmospheric pollution and fire - Legal basis - Article 43 of the EC Treaty - Article 130s of the EC Treaty - Parliament's prerogatives. Europa "It is clear from the provisions of the amended regulations that the aims of the Community schemes for the protection of forests are partly agricultural since they are intended in particular to contribute to safeguarding the productive potential of agriculture, and partly of a specifically environmental nature, since their primary objective is to maintain and monitor forest ecosystems. In such circumstances it is necessary, in order to determine the appropriate legal basis, to consider whether the measures in question relate principally to a particular field of action, having only incidental effects on other policies, or whether both aspects are equally essential. If the first hypothesis is correct, recourse to a single legal basis is sufficient …; if the second is correct, it is insufficient … and the institution is required to adopt the measure on the basis of both the provisions from which its competence derives … . However, no such dual basis is possible where the procedures laid down for each legal basis are incompatible with each other … . With more particular reference to the common agricultural policy and the Community environmental policy, there is nothing in the case-law to indicate that, in principle, one should take preference over the other. It makes clear that a Community measure cannot be part of Community action on environmental matters merely because it takes account of requirements of protection referred to in Article 130r(2) of the EC Treaty … . Articles 130r and 130s leave intact the powers held by the Community under other provisions of the Treaty and provide a legal basis only for specific action on environmental matters … . In contrast, Article 130s of the Treaty must be the basis for provisions which fall specifically within the environmental policy …, even if they have an impact on the functioning of the internal market … or if their objective is the improvement of agricultural production …
	Link[s] omitted

Antonio Munoz Y Cia S A , Superior Fruticola S A -v- Frumar Limited, Redbridge Produce Marketing Limited
26 Mar 1999 PatC	European, Agriculture, Intellectual Property	Casemap 1 Cites 1 Citers
	European legislation which controlled the naming and use of patented grape varieties did not provide for actions directly between the owner of the mark and an infringer. The purpose of the legislation was consumer protection achieved in other ways.
	Statute References omitted

Regina -v- Ministry of Agriculture, Fisheries and Food, ex parte Bray [1999] EWHC Admin 252
13 Apr 1999 QBD	Environment, Agriculture
	A bylaw, restricting fishing by reference to the size of the ship, was valid. The words must not be construed out of context of the whole Act, and in this case an 'instrument' used for fishing did not include the vessel itself.
	Statute References omitted
	Link[s] omitted

Regina -v- Minister of Agriculture, Fisheries and Food, ex parte Standley and others (Rec 1999,p I-2603) (Judgment) C-293/97; [1999] EUECJ C-293/97
29 Apr 1999 ECJ	European, Agriculture
	Link[s] omitted

Antonio Munoz Y Cia SA Superior Fruitcola SA -v- Frumar Limited Redbridge Produce Marketing Limited [1999] EWCA Civ 1591
16 Jun 1999 CA	European, Agriculture	Casemap 1 Cites 1 Citers
	The claimant sought to enforce European agricultural quality standards against the defendant, who was selling grapes in breach of the European Directive. Held: The defendants were in breach, but the Directive did not give the claimants a direct right to enforce it. The issue was referred to the European Court.
	Link[s] omitted

David Bryan Millington -v- Secretary of State for Environment Transport and Regions -v- Shrewsbury and Atcham Borough Council (2000) JPL 297; [1999] EWCA Civ 1682
25 Jun 1999 CA Schiemann LJ	Planning, Agriculture	Casemap 1 Cites 1 Citers
	The fact that a new product was made on agricultural land from produce grown elsewhere on the land did not make that production process non-agricultural. The making of wine is capable of being agricultural use, and being thus free from planning control. The court considered the Secretary of State's reaction to the judges comments at first instance on planning conditions: "The Secretary of State takes exception to those comments by the judge. We have not heard full argument on those points having indicated to the parties that we were not prepared to do so in the context of this appeal. The judge had in front of him argument in relation to what was a positive rather than a negative condition and so his comments in relation to negative conditions were not necessary for his decision. . . . We do not regard it as appropriate to lengthen our judgments by a consideration of a difficult question which has already troubled the House of Lords and the resolution of which was not necessary for the judge nor is it for us."
	Statute References omitted
	Link[s] omitted

Perre -v- Apand Pty Ltd (1999) 198 CLR 180; [1999] HCA 36; [1999] 64 ALR 606; [1999] 64 73 ALJR 1190
12 Aug 1999 Kirby J	Commonwealth, Negligence, Agriculture	Casemap 1 Citers
	(High Court of Australia) The plaintiff farmers sought damages for financial losses incurred after the defendant negligently introduced a disease. Although the disease was not shown to have spread, neighbouring farm owners suffered economic loss by the imposition of a potato marketing ban in Western Australia attributable to the proximity of their farms to the outbreak of the disease, and sued the defendant for what was therefore pure economic loss (the absence of any escape of the disease preventing a claim under Rylands v. Fletcher). Held: An important criterion for the imposition of liability for economic loss lay in ascertaining the extent to which the plaintiff was vulnerable to incurring loss by reason of the defendant's conduct, and the extent to which that was or should have been apparent to the defendant. Kirby J: "As against the approach which I favour, it has been said that the three identified elements are mere 'labels'. So indeed they are. . . Labels are commonly used by lawyers. They help steer the mind through the task in hand."
	Link[s] omitted

Regina -v- Ministry of Agriculture Fisheries & Food ex parte British Pig Industry Support Group and Meryl Suzanne Ward [1999] EWHC Admin 826
30 Nov 1999 Admn	Agriculture
	Link[s] omitted

Grammer -v- Lane and Others; Same -v- Stone and Others
2 Dec 1999 CA Peter Gibson LJ, Mance LJ, Wilson J	Agriculture, Landlord and Tenant, Arbitration	Casemap 1 Cites
	A partnership involving the plaintiff took a tenancy of agricutural land. The plaintiff then said that the tenency had been extended to other land. The successor to the freehold denied that extension, but served a rent demand and for repairs both 'without prejudice' to the question of the existence of the tenancy. Matters were referred to the arbitrator. Held: Where there was a dispute as to the existence of an agricultural tenancy, a party could nevertheless make use of notices and procedures for the protection of the tenancy on a 'without prejudice' basis. Where there were statutory arbitration proceedings also, the arbitrator had the choice of delaying those proceedings pending resolution of the issues as to the existence of the tenancy, of stating a case for the county court, or declining jurisdiction.
	Statute References omitted