Millington v Secretary of State for Environment Transport and Regions v Shrewsbury and Atcham Borough Council: CA 25 Jun 1999

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.’

Judges:

Schiemann LJ

Citations:

Gazette 07-Jul-1999, Times 29-Jun-1999, (2000) JPL 297, [1999] EWCA Civ 1682

Statutes:

Town and Country Planning Act 1990 55(2)

Jurisdiction:

England and Wales

Citing:

CitedWilliams v Minister of Housing and Local Government QBD 1967
The appellant land-owner had bought it with an established business selling by retail from it vegetables and fruits and flowers grown on the land. He made minor alterations to the shop and began to sell also a number of oranges bananas and lemons . .
CitedWealden District Council v Secretary of State for Environment and Colin Day CA 1988
Land was in an area designated to be of outstanding natural beauty. The Council sought the removal of a caravan used to provide weatherproof storage for cattle food and shelter for the farmer, saying that this amounted to a material change of use. . .
CitedFarleyer Estates v Secretary of State for Scotland IHCS 1992
An Enforcement Notice alleged unauthorised use of land as a timber storage and transfer area. The land so used was 1500 metres from forestry plantations. The appellant argued that it was concerned with ‘the use of land for the purposes of forestry’ . .
Appeal fromMillington v Secretary of State for the Environment QBD 1999
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 . .

Cited by:

CitedDouglas John Merritt v Secretary of State for Environment, Transport and Regions and Mendip District Council Admn 5-Aug-1999
The applicant appealed refusal of planning permission for residential development of a small plot of land. The said that the inspector had wrongly rejected the application of a Grampian condition on the basis that it would not be fulfilled and also . .
Lists of cited by and citing cases may be incomplete.

Planning, Agriculture

Updated: 21 January 2023; Ref: scu.146597

Deutsche Getreide Und Futtermittel-Handelsgesellschaft Mbh v Hauptzollamt Hamburg-Altona: ECJ 15 Dec 1970

ECJ 1. Levies are derived from the treaty and not from national law and are simultaneously applicable in all the member states; they act as regulators of the market within the framework of a common organization and are calculated on the basis of weighted values and having regard to standard qualities; they are therefore standard charges which do not take account of the individual characteristics of the products imported. Products of lower quality than the standard quality are therefore subject to the general levy in the same way as products of higher quality.
2. Products which have suffered damage before being imported and which have therefore lost some value may in spite of this loss in value affect the agricultural market in the same way as other products which were of a lower quality than the standard quality from the start and which are however subject to the general levy. The reasons why the condition of impaired goods is below the standard quality do not affect the grounds which justify the application of the general levy to them.

Citations:

R-31/70, [1970] EUECJ R-31/70

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 12 December 2022; Ref: scu.214113

Windsor-Clive and Others v Rees and Another: ChD 18 Apr 2019

Claim for injunction to prevent interference with certain claimed rights over land.
Held: Some of the activities that the landlord proposed to carry out were permitted under the terms of the tenancy agreements; but others were not.

Judges:

Keyser QC HHJ

Citations:

[2019] EWHC 1008 (Ch), [2019] 4 WLR 74, [2019] WLR(D) 270

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Citing:

CitedRainy Sky Sa and Others v Kookmin Bank SC 2-Nov-2011
Commercial Sense Used to Interpret Contract
The Court was asked as to the role of commercial good sense in the construction of a term in a contract which was open to alternative interpretations.
Held: The appeal succeeded. In such a case the court should adopt the more, rather than the . .

Cited by:

Appeal fromRees and Another v Windsor-Clive and Others CA 1-Jul-2020
Reservation Derogation construed normally
Construction of tenancy agreement – correct approach to reservations made in favour of the landlord. The landlord required access to the tenanted farm to allow survey work anticipating development of his adjoining land. The tenant now appealed . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Agriculture

Updated: 09 December 2022; Ref: scu.636141

Etablissement National Des Produits De L’Agriculture Et De La Mer v Vinifrance Sa: ECJ 13 Dec 2012

ECJ Protection of the European Union’s financial interests – Regulation (EC, Euratom) No 2988/95 – Articles 4 and 5 – Administrative penalty – Administrative measure – Regulation (EEC) No 822/87 – Aid for the private storage of concentrated grape must – Community origin – Regulation (EEC) No 1059/83 – Long-term storage contract – Article 2(2) – Article 17(1)(b) – Reduction of the amount of aid in relation to the seriousness of the breach committed

Judges:

L Bay Larsen, acting P

Citations:

C-670/11, [2012] EUECJ C-670/11

Links:

Bailii

Statutes:

Regulation (EC, Euratom) No 2988/95, Regulation (EEC) No 822/87, Regulation (EEC) No 1059/83

Jurisdiction:

European

Agriculture

Updated: 07 December 2022; Ref: scu.468765

Partridge Farms Ltd, Regina (On the Application of) v Secretary Of State for Environment, Food and Rural Affairs: CA 1 Apr 2009

Appeal by the Secretary of State from an order declaring that the Cattle Compensation (England) Order 2006 (SI 2006/168) breached the principle of equality in European Community law, because in setting compensation for cattle slaughtered on account of cattle tuberculosis (bovine TB) it did not make proper provision for pedigree cattle of especially high value.

Judges:

Lord Justice Lawrence Collins

Citations:

[2009] EWCA Civ 284, [2009] NPC 58, [2009] Eu LR 816

Links:

Bailii

Statutes:

Cattle Compensation (England) Order 2006

Jurisdiction:

England and Wales

Agriculture, European

Updated: 06 December 2022; Ref: scu.328889

Alexander v Tonkin: 1979

The court discussed the meaning of the word ‘fishing’.

Citations:

[1979] 1 WLR 629

Jurisdiction:

England and Wales

Cited by:

CitedSouth Wales Sea Fisheries Committee v Saunders Admn 27-Nov-2003
The defendant trawlerman was seen with his nets in the water within the six mile limit, and he faced a prosecution. He replied that the only acts undertaken within the limit had been acts of maintenance of his nets.
Held: In the breaking open . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 06 December 2022; Ref: scu.188624

Kelsall and Others, Regina (on the Application Of) v Secretary of State for Environment, Food and Rural Affairs: Admn 13 Mar 2003

The claimants had had their fur farming business closed under the 2000 Act. They now challanged the order implementing compensation for the loss.

Judges:

Stanley Burnton J

Citations:

[2003] EWHC 459 (Admin)

Links:

Bailii

Statutes:

Fur Farming (Compensation Scheme) (England) Order 2002, Fur Farming Prohibition Act 2000

Jurisdiction:

England and Wales

Administrative, Agriculture

Updated: 04 December 2022; Ref: scu.263503

Shirley v Crabtree: Admn 27 Jun 2007

The tenant claimed to have become a tenant under the provisions allowing for a succession to the agricultural tenancy. The landlord said that she failed to meet the livelihood conditions.
Held: The requirement to satisfy the condition applied at the time of the giving of the notice requirement, and once met, did not need to be satisfied again at the date of the tribunal hearing.

Judges:

Beatson J

Citations:

Times 31-Jul-2007, [2007] EWHC 1532 (Admin), [2008] 1 WLR 18, [2008] WTLR 133

Links:

Bailii

Statutes:

Agricultural Holdings Act 1986 50

Jurisdiction:

England and Wales

Agriculture, Landlord and Tenant

Updated: 30 November 2022; Ref: scu.254345

Robb’s Trust, The Governors of, Against Edwards: SCS 26 May 2015

Extra Division, Inner House. The House was asked whether, in respect of a lease governed by the Agricultural Holdings (Scotland) Act 1991, in terms of which the landlords have served on the tenant a notice to quit which is disputed by the tenant, and the dispute proceeds to arbitration, section 23(4) of the Act has the effect that the lease continues and rent remains due and payable until the date of issue of the arbiter’s award.

Judges:

Lord Menzies

Citations:

[2015] ScotCS CSIH – 39

Links:

Bailii

Statutes:

Agricultural Holdings (Scotland) Act 1991

Jurisdiction:

Scotland

Landlord and Tenant, Agriculture

Updated: 30 November 2022; Ref: scu.547650

Banks and Another v Secretary of State for Environment, Food and Rural Affairs: Admn 15 Mar 2004

The claimant sought a review of the respondent’s failure to deal fairly with him by not making proper disclosure of information upon which it had relied in making a movement restriction notice as regarded the claimant’s herd of beef cattle. Trading Standards Officers had called at the farm and removed samples of what they suspected were inappropriate animal foodstuffs. They went on to make the order.
Held: The responses, far from being full, had been evasive. They had withheld evidence, failed to state the basis of their claim, and misrepresented the evidence. The statement was a ‘travesty of the truth’ The defendants had substantial loss but with no apparent means of financial redress.

Judges:

Sullivan J

Citations:

[2004] EWHC 416 (Admin), Times 19-Apr-2004, [2004] NPC 43

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedFrankson and Others v Secretary of State for the Home Department; Johns v Same CA 8-May-2003
The claimants sought damages for injuries alleged to have been received at the hands of prison officers whilst in prison. They now sought disclosure by the police of statements made to the police during the course of their investigation.
Held: . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Administrative

Updated: 27 November 2022; Ref: scu.194698

Bouma v Council And Commission: ECJ 29 Apr 2004

Action for damages – Extra-contractual liability – Milk – Additional levy – Reference quantity – Producers having signed a non-marketing undertaking – SLOM 1983 producers – Non-resumption of production at the end of the undertaking

Citations:

C-163/01, [2004] EUECJ C-163/01P

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 26 November 2022; Ref: scu.213794

The Attorney General for The Provinces British Columbia v The Attorney General for The Dominion of Canada and Another: PC 2 Dec 1913

Canada – Lord Haldane set out the principles under which fishery rights might be acquired by prescription.
Fish stocks are a public resource, and there is no property in fish until they are caught. The right to fish in tidal waters or in the sea was a right of the public in general and was not dependent on any proprietary title. Interference with such right would at common law be actionable as a public nuisance.
Viscount Haldane LC, speaking for the Privy Council, said: ‘In the tidal waters, whether on the foreshore or in creeks, estuaries, and tidal rivers, the public have the right to fish, and by reason of the provisions of Magna Charta no restriction can be put upon that right of the public by an exercise of the prerogative in the form of a grant or otherwise.’

Judges:

Viscont Haldane LC

Citations:

[1913] UKPC 63, [1914] AC 153

Links:

Bailii

Jurisdiction:

Canada

Cited by:

CitedLoose v Lynn Shellfish Ltd and Others CA 19-Jun-2014
The parties disputed the rights to take shellfish from the foreshore. Fishermen now appealed against a finding as to the extent of a private fishery from which they were excluded, in particular as to the rights overfomer sandbanks, at the western, . .
CitedLynn Shellfish Ltd and Others v Loose and Another SC 13-Apr-2016
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of . .
CitedBorwick Development Solutions Ltd v Clear Water Fisheries Ltd CA 1-May-2020
Only Limited Ownership of pond fish
BDS owned land with closed fishing ponds. They sold the land to the respondents, but then claimed that the fish, of substantial value, were not included in the contract. The court as asked whether the captive fish were animals ferae naturae or . .
Lists of cited by and citing cases may be incomplete.

Land, Agriculture

Updated: 22 November 2022; Ref: scu.467510

Perre v Apand Pty Ltd: 12 Aug 1999

(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: The appeal was allowed with costs. 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 said: ‘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.’
Gleeson CJ considered the exclusionary rule (and its distinction between physical and economic loss), but did not need to discuss what exactly happened to the Perre’s potatoes, so as to establish whether it was physical damage. The loss was categorised as pure economic loss. Callinan J said that what happened to the uninfected potatoes ‘may not have been actual physical damage’, but he compared what happened to them with what happens to land which is said to be subject to planning blight.

Judges:

Gleeson CJ, Callinan J, Kirby J

Citations:

(1999) 198 CLR 180, [1999] HCA 36, [1999] 64 ALR 606, [1999] 64 73 ALJR 1190, [1999] 73 ALJR 1190

Links:

Austlii, Austlii

Jurisdiction:

Australia

Cited by:

CitedHM Customs and Excise v Barclays Bank Plc HL 21-Jun-2006
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. . .
CitedCalvert v William Hill Credit Ltd ChD 12-Mar-2008
The claimant said that the defendant bookmakers had been negligent in allowing him to continue betting when they should have known that he was acting under an addiction. The defendant company had a policy for achieving responsible gambling, . .
CitedD Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.

Negligence, Agriculture, Damages

Updated: 22 November 2022; Ref: scu.331082

High Burrow Organic Farming Partnership, Regina (on the Application of) v Secretary of State for the Department of the Environment, Food and Rural Affairs: Admn 16 Apr 2008

Application of review of decision to cull a herd of cows reared organically after one found to have tuberculosis.

Judges:

Mitting J

Citations:

[2008] EWHC 953 (Admin)

Links:

Bailii

Jurisdiction:

England and Wales

Agriculture, Animals

Updated: 22 November 2022; Ref: scu.267412

Rica Foods v Commission (Association Of The Overseas Countries And Territories) T-159/00: ECJ 14 Nov 2002

Association arrangements for the overseas countries and territories – Regulation (EC) No 465/2000 – Imports of sugar and mixtures of sugar and cocoa – EC/OCT cumulation of origin – Safeguard measure – Application for annulment – Action for damages – Article 109 of the OCT Decision – Principle of proportionality – Misuse of powers

Citations:

[2002] EUECJ T-159/00

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 19 November 2022; Ref: scu.213944

Barrett and Others v Morgan: CA 30 Jun 1998

An artificial surrender of a head lease with the sole intention of defeating a sub tenancy was not effective and the subtenant became head tenant in their stead. The collusion defeated the ruse. ‘It is unilateral notices to quit that destroy sub-tenancies; it is unilateral acts determining the head tenancies that destroy sub-tenancies. Consensual acts done by arrangement between landlord and tenant do not, in my opinion, do so.’

Judges:

Sir Richard Scott VC

Citations:

Times 13-Jul-1998, Gazette 08-Jul-1998, [1998] EWCA Civ 1118, [1999] 1 WLR 1109, [1998] L and TR 172, [1998] 4 All ER 179

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedBrown v Wilson 1949
A subtenant’s lease is not protected under the Agricultural Holdings Act where the head lease is terminated by the landlord, but if the head tenant determines his own tenancy the sub-tenancy is protected and will be promoted in his stead: ‘the law . .
CitedPennell v Payne CA 1995
The operation of the break clause in a lease will (in the absence of provision to the contrary) have the effect of terminating not just the lease but also the underlease, and any inferior sub-tenancies. . .
Appealed toBarrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
CitedMellor v Watkins 1874
Allen held a yearly tenancy of premises subject to a yearly sub-tenancy of part. The sub-tenancy was afterwards acquired by the defendant. Allen surrendered his tenancy to the freeholder who re-let the premises to the plaintiff. Neither the tenancy . .
CitedPhipos v G and B Callegari 1910
(Obiter) The service of an upwards notice to quit on a head landlord by a head tenant had the same effect on a sub-tenancy as a surrender. . .
CitedSparkes v Smart 1990
A notice to quit was served by the head landlord in collusion with the head tenant. . .

Cited by:

Appeal fromBarrett and others v Morgan HL 27-Jan-2000
The landlord served a notice to quit on the head tenant under an understanding that the head tenant would not serve a counter notice. The effect was to determine the head and sub-tenancy. It acted as a notice to quit, and despite the consensual . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 19 November 2022; Ref: scu.144597

Fruition Po Limited v Minister For Sustainable Farming And Food And Animal Health: ECJ 23 Apr 2013

ECJ Opinion – Common organisation of the market in fruit and vegetables – Regulation (EC) No 2200/96 – Article 11 – Producer organisations – Conditions for recognition – Control over contractors

Judges:

Nils Wahl AG

Citations:

C-500/11, [2013] EUECJ C-500/11

Links:

Bailii

Statutes:

Regulation (EC) No 2200/96 11

Jurisdiction:

European

Cited by:

OpinionFruition Po Limited v Minister For Sustainable Farming And Food And Animal Health ECJ 19-Dec-2013
ECJ Reference for a preliminary ruling – Regulation (EC) No 2200/96 – Regulation (EC) No 1432/2003 – Agriculture – Common organisation of markets – Fruit and vegetables – Producer organisations – Conditions for . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 17 November 2022; Ref: scu.472924

Loose v Lynn Shellfish Ltd and Others: ChD 18 Apr 2013

The court was asked whether the defendants had infringed the claimant’s fishery rights in an area of the Wash.
Held: The private fishery extended seawards as far as the mean low-water mark of spring tides and the fishermen had been fishing in the area of the private fishery.
Held: The private fishery extended seawards as far as the mean low-water mark of spring tides (‘MLWS’) and that the fishermen had been fishing in the area of the private fishery, as Mr. Loose alleged.
Sir William Blackburne said: ‘The nature of the claims of the estate, and therefore of Mr Loose whose leased fishing rights are said to be co-extensive with those of the estate, is very much bound up with the shifting nature of the sandbanks and channels which are so much a feature of the eastern side of the Wash. I was taken in this regard to a series of charts going back over four centuries. The earliest was from 1588, the year of the Spanish Armada, and the next (and rather more informative) Henry Bell Chart (so-named after the person during whose mayoralty of King’s Lynn the chart was drawn) was from 1693. In those days King’s Lynn exercised an admiralty jurisdiction in its area of the Wash. Those and later charts show that whereas in earlier times tidal waters ran close to the shoreline of the area bordered by the relevant lordships, with clearly marked sandbanks separated from the foreshore at low tide, nevertheless with the passage of time and the effect of siltation and other natural phenomena the fresh water and tidal channels altered, both in terms of width and of direction, so that what were once distinct sandbanks became, when exposed at low water, part of the foreshore and thus accessible on foot from the shoreline. A striking example of this process is provided by the so-called Stubborn Sand. In the 16th and 17th centuries, this appears on the charts as an island at low tide, separated from the shore on its eastern side by a distinct channel of water and on its western side by what was known as the Old Channel. It was not then accessible on foot from dry land. The Old Channel led to King’s Lynn which lies to the immediate south and served as a navigable means of access to that port. By the 19th century Stubborn Sand had become and has since remained, when exposed at low water, a part of the foreshore. In effect it has ceased to be distinguishable as a distinct sand bank although it continues to bear that name. Indeed, as the later charts show, the Old Channel has long ceased to be a navigable channel and is nowadays really no more than a tongue of water when exposed at low tide: access by boat to King’s Lynn must now be by a channel lying further to the west.
Another example of the process of change in this part of the Wash concerns the line of what is known as Wolferton Creek. This is a fresh water outlet draining the land between Wolferton and Sandringham on the Norfolk coast to the east. In the earlier charts and maps this stream is shown as flowing into the Wash at low water in roughly an east/west direction. Later charts show the flow of the stream at low water as following a more northerly course. Its gradual shift to the north gave rise to a dispute as to the precise position of the fishery’s southern boundary. The details do not matter. In Le Strange v Lynn Corporation , to which I have already referred, the issue was settled by a determination that the boundary was the east/west line followed by the stream in earlier days.
Other sandbanks, notably the Sunk and Ferrier Sands, have ceased to be distinct ‘islands’ at low tide. Both are now accessible on foot from the shoreline where it is bordered by the estate lordships. Although once it did not, the estate, and through it Mr Loose, now claims that its fishery extends seaward over sands which are now identified on contemporary charts (moving from north to south) as the South Sunk Sand, the Outer Ferrier Sand, the Ferrier Sand and (as to its northern part) the Peter Black Sand. These were formerly inaccessible at low water from dry land but with the silting up of the channels that once separated them from the dry land are now accessible on foot at low water from the eastern shoreline . .’

Judges:

Sir William Blackburne

Citations:

[2013] EWHC 901 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

At ChDLoose v Lynn Shellfish Ltd and Others CA 19-Jun-2014
The parties disputed the rights to take shellfish from the foreshore. Fishermen now appealed against a finding as to the extent of a private fishery from which they were excluded, in particular as to the rights overfomer sandbanks, at the western, . .
At ChDLynn Shellfish Ltd and Others v Loose and Another SC 13-Apr-2016
The court was asked as to the extent of an exclusive prescriptive right (ie an exclusive right obtained through a long period of use) to take cockles and mussels from a stretch of the foreshore on the east side of the Wash, on the west coast of . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Land

Updated: 17 November 2022; Ref: scu.472688

Calcott v JS Bloor (Measham) Ltd: CA 26 Feb 1998

The conversion of an agricultural tenancy for less than year, to a tenancy from year to year, operated from the original agreement date, not the end of period of the first tenancy. The application of the section to the tenancy meant that the tenancy began immediately and the terancy was determinable accordingly on the anniversary.

Citations:

Times 05-Mar-1998, Gazette 01-Apr-1998, Gazette 26-Feb-1998

Statutes:

Agricultural Holdings Act 1986 2(1)

Jurisdiction:

England and Wales

Agriculture, Landlord and Tenant

Updated: 14 November 2022; Ref: scu.78833

Gunars Pusts v Lauku Atbalsta Dienests: ECJ 7 Feb 2013

ECJ Agriculture – EAGGF – Regulations (EC) No 1257/1999 and No 817/2004 – Support for rural development – Recovery of undue payments – National rules making the grant of agri-environmental aid subject to an annual application accompanied by specific documents – Beneficiary who has complied with his obligations regarding use of the area concerned but who has not submitted an application in accordance with those rules – Withdrawal of the aid, without consulting the beneficiary, in the event of failure by the latter to comply with the provisions applicable to the submission of an application for agri-environmental aid

Judges:

R. Silva de Lapuerta

Citations:

C-454/11, [2013] EUECJ C-454/11

Links:

Bailii

European, Agriculture

Updated: 14 November 2022; Ref: scu.470852

Maatschap J en GP en AC Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 1 Mar 2007

ECJ (Judgment) Community aid schemes Regulation (EEC) No 3887/92 Beef and veal sector Regulation (EC) No 1254/1999 Available forage area Definition Special premium Conditions for granting Parcel of land temporarily under water during the period in question

Judges:

CWA Timmermans, P

Citations:

[2007] EUECJ C-34/05, [2007] ECR I-1687, C-34/05

Links:

Bailii

Statutes:

Regulation (EEC) No 3887/92, Regulation (EC) No 1254/1999

Citing:

OpinionMaatschap J en GP en AC Schouten v Minister van Landbouw, Natuur en Voedselkwaliteit ECJ 22-Jun-2006
ECJ (Opinion) Agricultural structures – Community aid schemes – Beef and veal sector – Available forage area – Parcel temporarily under water during the period in question . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 13 November 2022; Ref: scu.470520

Agroferm A/S v Ministeriet For Fodevarer, Landbrug Og Fiskeri: ECJ 24 Jan 2013

ECJ Common agricultural policy – Regulation (EC) No 1265/2001 – Production refund for the processing of sugar – Classification in the Combined Nomenclature of a product containing lysine sulphate – Regulation (EC) No 1258/1999 – Recovery of unduly paid sums – Principle of the protection of legitimate expectations

Judges:

Kokott AG

Citations:

C-568/11, [2013] EUECJ C-568/11

Links:

Bailii

Statutes:

Regulation (EC) No 1265/2001, Regulation (EC) No 1258/1999

European, Agriculture

Updated: 13 November 2022; Ref: scu.470564

Maatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit: ECJ 24 May 2007

ECJ Agricultural structures Community aid schemes Beef and veal sector Identification and registration of bovine animals Slaughter premium Exclusion and reduction

Judges:

CWA Timmermans, P

Citations:

[2007] EUECJ C-45/05, [2007] ECR I-3997, C-45/05

Links:

Bailii

Citing:

OpinionMaatschap Schonewille-Prins v Minister van Landbouw, Natuur en Voedselkwaliteit ECJ 13-Jul-2006
ECJ (Opinion) Community aid schemes – Beef sector – Identification and registration of bovine animals – Slaughter premium – Integrated administration and control system – Community reductions and exclusions – . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 13 November 2022; Ref: scu.470480

Societe D’Exportation De Produits Agricoles Sa v Hauptzollamt Hamburg-Jonas: ECJ 6 Dec 2012

ECJ Agriculture – Regulation (EEC) No 3665/87 – Article 11 – Export refunds – Request for a refund in respect of exported goods which do not confer entitlement to a refund – Administrative penalty

Judges:

M Ilesic R

Citations:

C-562/11, [2012] EUECJ C-562/11

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 12 November 2022; Ref: scu.467089

Regina (Kelsall and Others) v Secretary of State for Environment Food and Rural Affairs): Admn 13 Mar 2003

The claimants were mink farmers. They challenged the order arranging compensation for the closure of their businesses following the ban on fur farming.
Held: The provisions of the order were arbitrary and unfair, failing to take into account different values of premium brands. The Order was to be quashed.

Judges:

Stanley Burton J

Citations:

Times 27-Mar-2003, [2003] EWHC 656 (Admin)

Links:

Bailii

Statutes:

Fur Farming Prohibition Act 2000, Fur Farming (Compensation Scheme) (England) Order 2002 (2002 No 221)

Cited by:

CitedTate and Lyle Sugars Ltd v Secretary of State for Energy and Climate Change and Another CA 3-Jun-2011
The company had developed a means of generating electricity from their excess sugar supplies, and challenged the support given to it by the respondent and in particular that the 2009 Order allowed the respondent to favour some types of energy . .
Lists of cited by and citing cases may be incomplete.

Agriculture

Updated: 12 November 2022; Ref: scu.180101

Crewe Services and Investment Corporation v Silk: CA 2 Dec 1997

The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might in fact remedy the breaches before the end of the tenancy. The tenant appealed.
Held: Since the tenant might decide to repair himself during the term and there was no evidence before the trial judge of the Court of Appeal that the landlord intended to carry out any works of repair at all, the costs of the repairs might be regarded as being a starting point. The court discounted these for the uncertainties as to whether the work would be done. The diminution in the value of a reversion for a tenant’s failure to repair is not represented by the undiscounted cost of repair where the tenancy’s duration is not uncertain. The court gave guidance on what the court should do in the circumstances where the evidential material as to loss is less than ideal.

Judges:

Lord Woolf MR, Millett and Robert Walker LJJ

Citations:

Times 02-Jan-1998, [1997] EWCA Civ 2872, [1998] 35 EG 81

Statutes:

Agricultural Holdings Act 1986, Landlord and Tenant Act 1927 18(1)

Jurisdiction:

England and Wales

Citing:

CitedBonham-Carter v Hyde Park Hotel 1948
A party claiming damage for breach of a covenant to repair in a lease must prove that damage. . .

Cited by:

CitedLatimer and Another v Carney and others CA 27-Oct-2006
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed.
CitedLatimer and Another v Carney and others CA 27-Oct-2006
The landlords appealed disissal of their request for relief against their tenants for non-repair of the premises. The judge had held that the landlord had not provided appropriate evidence of the damage and costs of repair which it claimed.
Lists of cited by and citing cases may be incomplete.

Agriculture, Landlord and Tenant, Damages

Updated: 11 November 2022; Ref: scu.79627

Italy v Commission (Order): ECJ 2 Apr 2020

Appeal – Article 181 of the Rules of Procedure of the Court – European Agricultural Guarantee Fund (EAGF) – European Agricultural Fund for Rural Development (EAFRD) – Sugar sector – Expenditure excluded from financing by the European Union – Expenditure incurred by the Italian Republic – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded

Citations:

C-390/19, [2020] EUECJ C-390/19P_CO, , ECLI: EU: C: 2020: 249

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 11 November 2022; Ref: scu.660130

Rica Foods v Commission (Association Of The Overseas Countries And Territories) T-110/00: ECJ 14 Nov 2002

Association arrangements for the overseas countries and territories – Regulation (EC) No 465/2000 – Imports of sugar and mixtures of sugar and cocoa – EC/OCT cumulation of origin – Safeguard measure – Application for annulment – Action for damages – Article 109 of the OCT Decision – Principle of proportionality – Misuse of powers

Citations:

[2002] EUECJ T-110/00

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 10 November 2022; Ref: scu.213943

Wren v Department of Environment, Food and Rural Affairs: QBD 14 Nov 2002

The applicant farmers sought payment under the set-aside regulations. They had harvested hay and grass in the year before relevant fields were set aside, but had been refused the relevant compensation.
Held: The regulation defined ‘set-aside’ as ‘the leaving fallow of an area which has been cultivated in the previous year with a view to harvest’ The phrase was to be considered purposively, and as a whole. In that light, there was no significance in the different activities a farmer might undertake. There was no requirement for any specific operation to have been undertaken, only that the land had been brought under cultivation.

Judges:

Cooke J

Citations:

Times 04-Dec-2002

Statutes:

Council Regulation (EEC) 1765/92 of June 30 1992 (OJ 1992 L181/12), Commission Regulation (EC) 762/94 of April 6 1994 2

Jurisdiction:

England and Wales

Agriculture

Updated: 10 November 2022; Ref: scu.178323

Regina v Leominster District Council ex parte Pothecary: CA 28 Oct 1997

A building was erected without planning permission. The local planning authority chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission.
Held: The fact that a building has already been constructed before planning permission is sought might lawfully be regarded as a consideration in favour of a permission which would not otherwise have been granted. Whether a proposed development complies with the local planning policy is a matter for the Local Authority, not a matter of law for the courts to decide. It was not unlawful for a planning authority to allow for likelihood of enforcement action when deciding on a retrospective planning application. The Inspector was entitled to adopt the process of analysis which seemed to him to be appropriate to the circumstances of the case.

Judges:

Schiemann LJ, Robert Walker LJ

Citations:

Gazette 26-Nov-1997, Times 18-Nov-1997, [1997] EWCA Civ 2585, [1998] JPL 335, [1997] 76 P and CR 346

Statutes:

Town and Country Planning Act 1990

Jurisdiction:

England and Wales

Citing:

Appeal fromRegina v Leominster District Council ex parte Patricia Pothecary Admn 16-Jan-1997
Retrospective application for planning rather than enforcement – lawfulness. . .

Cited by:

Appealed toRegina v Leominster District Council ex parte Patricia Pothecary Admn 16-Jan-1997
Retrospective application for planning rather than enforcement – lawfulness. . .
CitedSouth Buckinghamshire District Council and Another v Porter (No 2) HL 1-Jul-2004
Mrs Porter was a Romany gipsy who bought land in the Green Belt in 1985 and lived there with her husband in breach of planning control. The inspector gave her personal permission to continue use, and it had been appealed and cross appealed on the . .
CitedThe First Secretary of State, Grant Doe, Gregory Yates, Paul Eames v Chichester District Council CA 29-Sep-2004
The appellants challenged a decision to grant planning consent for a private gipsy with mobile homes. The issue was whether the council in refusing permission and in issuing enforcement proceedings, had infringed the applicants human rights. The . .
Lists of cited by and citing cases may be incomplete.

Planning, Agriculture

Updated: 09 November 2022; Ref: scu.142984

Harries v Barclays Bank Plc: CA 16 Jul 1997

Milk quotas.

Citations:

[1997] EWCA Civ 2115, [1997] 2 EGLR 15

Jurisdiction:

England and Wales

Cited by:

CitedSwift and Another v Dairywise Farms Limited and others CA 1-Feb-2001
The company lent money to farmers secured against their milk quotas. They had to petition for a winding up, and the liquidators requested authority to continue the milk loan repayment schemes. The milk quotas had been vested in the farmers, and the . .
Lists of cited by and citing cases may be incomplete.

Agriculture, European

Updated: 09 November 2022; Ref: scu.142512

Pfeifer and Langen Kg v Hauptzollamt Aachen: ECJ 15 Nov 2012

ECJ Agriculture – Regulation (EEC) No 1443/82 – Article 3(4) – Application of the quota system in the sugar sector – Surplus quantity of sugar found by the national authorities of a Member State during an a posteriori investigation carried out at the producer’s premises – Whether that surplus is to be taken into account when establishing the final production figures for the marketing year during which the difference came to light

Citations:

C-131/11, [2012] EUECJ C-131/11

Links:

Bailii

Statutes:

Regulation (EEC) No 1443/82 3(4)

European, Agriculture

Updated: 06 November 2022; Ref: scu.466005

Kingdom of Spain v European Commission: ECFI 21 Nov 2012

ECFI Fisheries – Measures for the conservation of living aquatic resources – Article 105 of Regulation (EC) No 1224/2009 – Deductions from quotas allocated for a given year on account of overfishing in previous years – Temporal application – Legal certainty – Interpretation guaranteeing compliance with primary law – Principle that penalties must have a proper legal basis – Non-retroactivity

Judges:

O Czucz R

Citations:

[2012] EUECJ T-76/11

Links:

Bailii

Statutes:

Regulation (EC) No 1224/2009 105

Jurisdiction:

European

Agriculture

Updated: 06 November 2022; Ref: scu.465999

Wallace v C Brian Barratt and Son Limited and Lock: CA 19 Mar 1997

The court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or occupation of the whole or any part of the holding by virtue of farming the holding through a partnership. The individual partners were related and held most of the shares in the tenant company.
Held: There was no breach of the covenant since, among other things, the partnership activities were carried out as agent for the tenant company.

Citations:

[1997] EWCA Civ 1281, [1997] EGLR 1, (1997) 74 P and CR 408, [1997] EG 40

Links:

Bailii

Statutes:

Agricultural Holdings (Arbitration on Notice) Order 1987

Jurisdiction:

England and Wales

Cited by:

CitedClear Channel United Kingdom Ltd, Regina (on the Application of) v First Secretary of State and Another Admn 14-Oct-2004
The claimant sought a declaration that it had a tenancy for its occupation by an advertising station, and that it had protection under the 1954 Act. The defendant council said that only a licence had been granted.
Held: The grants included the . .
Lists of cited by and citing cases may be incomplete.

Landlord and Tenant, Agriculture, Arbitration

Updated: 06 November 2022; Ref: scu.141677

CS Agro Ronov SRO v Ministerstvo Zemedelstvi: ECJ 4 Oct 2012

ECJ Agriculture – Sugar sector – Common organisation of the markets – Application for restructuring aid – Undertaking by the producer to cease delivery of a certain quantity of quota sugar beet – Definition – Unilateral declaration of the producer – Refusal to grant aid – Need to terminate the existing delivery contract

Judges:

J-C Bonichot, P

Citations:

C-390/11, [2012] EUECJ C-390/11

Links:

Bailii

European, Agriculture

Updated: 05 November 2022; Ref: scu.464799

Association Kokopelli v Graines Baumaux SAS: ECJ 12 Jul 2012

ECJ Agriculture – Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC – Validity – Vegetables – Sale on the national seed market of vegetable seed not included in the official common catalogue of varieties of vegetable species – Non-compliance with system of prior authorisation for marketing – International Treaty on Plant Genetic Resources for Food and Agriculture – Principle of proportionality – Freedom to conduct a business – Free movement of goods – Equal treatment

Citations:

C-59/11, [2012] EUECJ C-59/11

Links:

Bailii

Statutes:

Directive 98/95/EC, Directive 2002/53/EC, Directive 2002/55/EC, Directive 2009/145/EC

Citing:

OpinionAssociation Kokopelli v Graines Baumaux SAS ECJ 19-Jan-2012
ECJ (Opinion) Agriculture – Validity – Directive 2002/55/EC – Vegetables – Seed trade – Prohibition against marketing seed of varieties that are not officially accepted and registered in a catalogue of varieties . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 04 November 2022; Ref: scu.463689

Geistbeck and Another v Saatgut-Treuhandverwaltungs Gmbh: ECJ 29 Mar 2012

ECJ Opinion – Intellectual and industrial property – Regulation (EC) No 2100/94 – Community plant variety rights – Obligation to pay reasonable compensation to the holder of such a right and to compensate the holder for any further damage resulting from the act in question – Criteria for determining reasonable compensation – Infringement – Regulation (EC) No 1768/95 – Farmers’ privilege – Costs of monitoring and supervision

Judges:

Jaaskinen AG

Citations:

C-509/10, [2012] EUECJ C-509/10

Links:

Bailii

Statutes:

Regulation (EC) No 2100/94, Regulation (EC) No 1768/95

Cited by:

OpinionGeistbeck and Another v Saatgut-Treuhandverwaltungs Gmbh ECJ 5-Jul-2012
ECJ Intellectual and industrial property – Community plant variety rights – Regulation (EC) No 2100/94 – ‘Farmer’s privilege’ – Concept of ‘reasonable compensation’ – Compensation for damage suffered – . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture, Intellectual Property

Updated: 04 November 2022; Ref: scu.463190

Association Kokopelli v Graines Baumaux SAS: ECJ 19 Jan 2012

ECJ (Opinion) Agriculture – Validity – Directive 2002/55/EC – Vegetables – Seed trade – Prohibition against marketing seed of varieties that are not officially accepted and registered in a catalogue of varieties – International Treaty on Plant Genetic Resources for Food and Agriculture – Principle of proportionality – Freedom to conduct a business – Movement of goods – Equal treatment

Judges:

Kokott AG

Citations:

C-59/11, [2012] EUECJ C-59/11

Links:

Bailii

Statutes:

Directive 2002/55/EC

Cited by:

OpinionAssociation Kokopelli v Graines Baumaux SAS ECJ 12-Jul-2012
ECJ Agriculture – Directives 98/95/EC, 2002/53/EC, 2002/55/EC and 2009/145/EC – Validity – Vegetables – Sale on the national seed market of vegetable seed not included in the official common catalogue of . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture

Updated: 04 November 2022; Ref: scu.463180

Commission v Spain (Judgment): ECJ 2 Apr 2020

Appeal – EAGF and EAFRD – Expenditure excluded from financing – Expenditure incurred by the Kingdom of Spain – Withdrawal of recognition of producer organizations – Non-recovery of aid paid – Burden of proof – Flat-rate financial correction

Citations:

C-406/19, [2020] EUECJ C-406/19P, ECLI:EU:C:2020:276

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 03 November 2022; Ref: scu.660107

Poland v Commission: ECJ 26 Jun 2012

ECJ Appeal – Common organisation of the markets – Transitional measures adopted because of the accession of new Member States – Regulation (EC) No 1972/2003 on measures in respect of trade in agricultural products – Action for annulment – Period within which action must be brought – Point from which period starts to run – Lateness – Inadmissibility – Amendment of a provision of that regulation – Recommencement of period within which action must be brought – Partial admissibility – Grounds of appeal – Infringement of the principles underlying a community based on the rule of law and of the principle of effective judicial protection – Infringement of the principles of free movement of goods and of non-discrimination on grounds of nationality – Infringement of the principles of proportionality and protection of legitimate expectations – Infringement of the hierarchy of norms – Infringement of Article 41 of the 2003 Act of Accession – Erroneous interpretation of Article 3 of Regulation (EC) No 1972/2003 – Infringement of duty to state reasons

Judges:

Skoris P

Citations:

[2012] EUECJ C-335/09 – P

Links:

Bailii

Citing:

See AlsoPoland v Commission ECJ 1-Mar-2012
ECJ Appeal – Agriculture – Common organization of markets – Transitional measures adopted in view of the accession of new Member States – Regulation (EC) No 1972/2003 – Action for annulment – Time – Getting . .
Lists of cited by and citing cases may be incomplete.

European

Updated: 03 November 2022; Ref: scu.460910

Greece v Commission (Pacturages Permanents) (European Agricultural Guarantee Fund (EAGF) and The European Agricultural Fund for Rural Development (EAFRD) – Judgment): ECJ 30 Apr 2020

Appeal – European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) – Expenditure excluded from EU financing – Expenditure incurred by the Hellenic Republic – Regulation (EC) No 1782/2003 – Regulation (EC) No 796/2004 – Regulation (EC) No 1120/2009 – Regulation (EU) No 1306/2013 – Area-related aid scheme – Concept of ‘permanent pasture’ – Flat-rate financial corrections – Regulation (EC) No 1698/2005 – Assessment of the eligibility of expenditure – Managing authority – Regulation (EC) No 1290/2005 – Expenses covered by the 24-month period – Regulation (EC) No 817/2004 – System of effective, proportionate and dissuasive penalties – Method of calculating the correction

Citations:

C-797/18, [2020] EUECJ C-797/18P, ECLI:EU:C:2020:340

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 01 November 2022; Ref: scu.660122

Bonda: ECJ 5 Jun 2012

ECJ Common agricultural policy – Single area payment scheme – Regulation (EC) No 1973/2004 – Article 138(1) – Exclusion from receiving aid if the area declared is not correct – Administrative or criminal nature of that penalty – Rule against the overlapping of criminal penalties – Ne bis in idem principle.

Judges:

Skouris P

Citations:

C-489/10, [2012] EUECJ C-489/10, [2011] EUECJ C-489/10

Links:

Bailii, Bailii

European, Agriculture

Updated: 01 November 2022; Ref: scu.460214

Welby and Another v Casswell: CA 14 Apr 1995

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.

Citations:

Gazette 03-May-1995, Times 18-Apr-1995, Independent 14-Apr-1995

Statutes:

Agricultural Holdings Act 1986 36(3)(a)

Jurisdiction:

England and Wales

Citing:

Appeal fromWelby and Another v Casswell QBD 28-Mar-1994
To inherit agricultural tenancy, the tenant applicant must derive all his income from agricultural activities. The term ‘principal source of income’ didn’t include overdraft or outside earnings. . .

Cited by:

Appealed toWelby and Another v Casswell QBD 28-Mar-1994
To inherit agricultural tenancy, the tenant applicant must derive all his income from agricultural activities. The term ‘principal source of income’ didn’t include overdraft or outside earnings. . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Landlord and Tenant

Updated: 27 October 2022; Ref: scu.90364

Syndicat Interprofessionnel De Defense Du Fromage Morbier: ECJ 17 Dec 2020

Reference for a preliminary ruling – Agriculture – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Regulation (EC) No 510/2006 – Regulation (EU) No 1151/2012 – Article 13(1)(d) – Practice liable to mislead the consumer as to the true origin of the product – Reproduction of the shape or appearance of a product which has a protected name – Protected designation of origin (PDO) ‘Morbier’

Citations:

C-490/19, [2020] EUECJ C-490/19, ECLI:EU:C:2020:1043

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 27 October 2022; Ref: scu.660753

Quark Fishing Ltd, Regina (on the Application Of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 22 Jul 2003

The respondent had failed to renew the claimant’s license to fish in the South Atlantic for Patagonian Toothfish. The refusal had been found to be unlawful. The claimant now sought damages.
Held: English law does not generally provide a remedy in damages for a breach of a public law right. There must exist a private law cause of action, which may be for breach of statutory duty or at common law. The claimant sought to bring its claim within the 1998 Act, saying the convention requires a state to give rights to those within their jurisdiction, but the ambit of the Act had not been extended to South Georgia, and so no action arose. A licence to carry out an economic activity could amount to a possession within the meaning of Article 1PI.

Judges:

Collins J

Citations:

[2003] EWHC 1743 (Admin)

Links:

Bailii

Statutes:

Convention on the Conservation of Antarctic Marine Living Resources, Human Rights Act 1998 7, European Convention on Human Rights

Jurisdiction:

England and Wales

Citing:

See alsoSecretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited CA 30-Oct-2002
Order confirmed. ‘while for my part I have found nothing to demonstrate bad faith on the part of the Secretary of State, the history of this case has demonstrated to my mind that the approach taken to the public decisions that had to be made fell . .
CitedGillow v The United Kingdom ECHR 24-Nov-1986
The housing authority in Guernsey refused to allow the applicants to occupy the house they owned there.
Held: The house in question was the applicants’ home because, although they had been absent from Guernsey for many years, they had not . .
CitedThree Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
CitedX (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
CitedAhsan Ullah, Thi Lien Do v Special Adjudicator, Secretary of State for the Home Department CA 16-Dec-2002
The appellants challenged refusal of asylum, claiming that their return to countries which did not respect their religion, would infringe their right to freedom of religious expression. It was accepted that the applicants did not have a sufficient . .
CitedOcalan v Turkey ECHR 12-Mar-2003
The applicant had led Kurdish separatists training and leading a gang of armed terrorists. Warrants for his arrest had been taken out in Turkey. He had lived for many years in Syria but then sought political asylum in Greece, Russia and Italy, none . .
CitedRegina v The Secretary of State for Foreign and Commonwealth Affairs, ex parte Indian Association of Alberta CA 1982
The court considered an application leave to request a judicial review seeking a declaration that treaty obligations entered into by the Crown to the Indian peoples of Canada were still owed by Her Majesty in right of Her government in the UK.
See AlsoQuark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs 2001
The claimant had been granted licences to fish for Patagonian toothfish around South Georgia, but was refused one under the Order.
Held: The court quashed the Secretary of State’s decision. . .

Cited by:

CitedMohamed Moneim Al-Fayed for Judicial Review of A Decision of the Lord Advocate To Refuse To Instruct A Public Inquiry Into the Death of Emad Al-Fayed OHCS 12-Mar-2004
The claimant sought judicial review of the minister’s decision not to order a judicial public investigation of the death of his son in a car crash in Paris.
Held: The primary obligation to undertake an enquiry fell upon France. The obligation . .
Appeal fromQuark Fishing Ltd, Regina (on the Application Of) v Secretary of State for the Foreign and Commonwealth Affairs CA 29-Apr-2004
The claimant sought damages for having had its licence to catch Patagonian toothfish off South Georgia revoked, saying that it had infringed its property rights under the Convention.
Held: Though the Convention rights had been extended to . .
See AlsoQuark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs 2001
The claimant had been granted licences to fish for Patagonian toothfish around South Georgia, but was refused one under the Order.
Held: The court quashed the Secretary of State’s decision. . .
At First InstanceRegina v Secretary of State for Foreign and Commonwealth Affairs ex parte Quark Fishing Limited HL 13-Oct-2005
The applicant had previously received licences to fish for Patagonian Toothfish off South Georgia. The defendant had instructed the issuer of the licence in such a way that it was not renewed. It now had to establish that its article 1 rights had . .
CitedMalik, Regina (on the Application of) v Waltham Forest PCT and Secretary of State for Health Admn 17-Mar-2006
The doctor had been suspended on full pay whilst allegations against him were investigated. He claimed that the suspension infringed his human rights and that his licence to practice was a possession.
Held: At the disciplinary proceedings: . .
Lists of cited by and citing cases may be incomplete.

Licensing, Agriculture, Human Rights

Updated: 25 October 2022; Ref: scu.184846

Italy v Commission: ECJ 22 Nov 2001

EAGGF – Clearance of accounts – Ineligible durum wheat – Quantities missing from the stockpile – Withdrawal of approval of undertakings packaging olive oil – Inadequate management and checks of premiums for sheep and goats

Citations:

C-147/99, [2001] EUECJ C-147/99, [2001] ECR I-8999, ECLI:EU:C:2001:624

Links:

Bailii

Jurisdiction:

European

European, Agriculture

Updated: 24 October 2022; Ref: scu.166906

Land Berlin (Rights to payment related to the PAC) (Judgment): ECJ 17 Dec 2020

Reference for a preliminary ruling – Common agricultural policy – Regulation (EU) No 1307/2013 – Rules on direct payments to farmers under support schemes – Basic payment scheme – Article 24 (2), first sentence – Concept of ”Eligible hectare available to the farmer’ – Illegal exploitation of the area concerned by a third party – Article 32 (2) (b), (ii) – Request for activation of payment entitlements for a wooded area – Concept of ‘area which gave entitlement to payments in 2008’ – Single payment scheme or single area payment scheme

Citations:

ECLI:EU:C:2020:1046, C-216/19, [2020] EUECJ C-216/19

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 23 October 2022; Ref: scu.660737

Argents Nurseries Ltd v Revenue and Customs: VDT 10 Mar 2007

EXEMPTION – Land – Lease of Poly Tunnels – Whether lease or letting of immoveable property – Yes – Whether excluded from exemption as being letting of permanently installed equipment and machinery – Yes – Sixth Directive – Article 13B(b), excluded item 3

Citations:

[2007] UKVAT V20045

Links:

Bailii

Jurisdiction:

England and Wales

VAT, Agriculture

Updated: 21 October 2022; Ref: scu.250504

France v Commission: ECJ 13 Nov 2001

ECJ EAGGF – Clearance of accounts – 1994 – Supplementary levy on milk – Disputes between those liable to the levy and the competent national authorities – Proceedings before national courts – Negative corrections applied to Member States for supplementary levies not yet recovered

Judges:

N. Colneric

Citations:

C-277/98, [2001] EUECJ C-277/98, ECLI:EU:C:2001:603, ECLI:EU:C:2001:603

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 17 October 2022; Ref: scu.166902

Spa Villa Banfi v Regione Toscana And Others: ECJ 18 Dec 1986

ECJ Agriculture – common agricultural policy – structural reform – modernization of farms – directive 72/159/eec – withholding of the status of ‘ farmer practising farming as his main occupation ‘ from certain types of legal person by reason of their legal form – not permissible (council directive 72/159, arts 2 and 3 (1)). Article 3 (1) of council directive 72/159 on the modernization of farms must be interpreted as meaning that member states, when laying down the criteria to be fulfilled by a legal person in order to be regarded as a farmer practising farming as his main occupation, are not permitted to exclude certain types of such legal person from the scope of the directive solely by reason of their legal form.

Citations:

C-312/85, R-312/85, [1986] EUECJ R-312/85

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 15 October 2022; Ref: scu.215476

Duke of Atholl v Glover Incorporation of Perth: HL 28 May 1900

The only legal method of net-fishing for salmon in a river or estuary is by means of a draft or sweep-net, which is used solely as such, and any method of net-fishing in which the net is used not merely as a sweep-net, but partly or solely as a stationary obstruction, however temporary, to the free passage of the fish, is illegal.
Held, in accordance with this principle (1) ( aff. judgment of First Division), that ‘toot-and-haul’ nets were illegal, and (2) ( rev. judgment of the First Division) that ‘hang’ or ‘drift’ nets were illegal.

Judges:

Lord Chancellor (Halsbury), Lord Macnaghten, Lord Davey and Lord Brampton

Citations:

[1900] UKHL 686, 37 SLR 686

Links:

Bailii

Jurisdiction:

Scotland

Agriculture

Updated: 11 October 2022; Ref: scu.631500

Lithuania v Commission: ECFI 29 Mar 2012

ECFI Agriculture – Common organisation of the markets – Measures to be adopted as a result of the accession of new Member States – 2003 Act of Accession – Determination of surplus stocks of agricultural products other than sugar, and the financial consequences of their elimination – Objective pursued by a provision of primary law – Decision 2007/361/EC

Judges:

Truchot P

Citations:

T-262/07, [2012] EUECJ T-262/07

Links:

Bailii

European, Agriculture

Updated: 06 October 2022; Ref: scu.452627

Poland v Commission: ECFI 29 Mar 2012

ECFI Agriculture – Common organization of markets – Measures to be adopted on account of the accession of new Member States – Act of Accession of 2003 – Determination of surplus stocks of agricultural products other than sugar and financial consequences of their elimination – Objective pursued by a provision of primary law – Decision 2007/361/CE

Judges:

Truchot P

Citations:

T-243/07, [2012] EUECJ T-243/07

Links:

Bailii

European, Agriculture

Updated: 06 October 2022; Ref: scu.452631

Suiker Unie v Hauptzollamt Hamburg-Jonas: ECJ 19 Jan 2012

ECJ Regulation (EC) No 800/1999 – Article 15(1) and (3) – Agricultural products – System of export refunds – Differentiated export refund – Conditions for granting – Import of the product into the third country of destination – Payment of import duties

Citations:

C-392/10, [2012] EUECJ C-392/10

Links:

Bailii

Statutes:

Regulation (EC) No 800/1999 15

Jurisdiction:

European

Agriculture

Updated: 04 October 2022; Ref: scu.451180

Niels Mollerv Haderslev Kommune: ECJ 15 Dec 2011

moller_hadersleyECJ2011

ECJ Integrated pollution prevention and control – Directive 96/61/EC – Annex I, subheading 6.6(c) – Installations for the intensive rearing of pigs with more than 750 places for sows – Inclusion or non-inclusion of places for gilts

Judges:

Schiemann P

Citations:

C-585/10, [2011] EUECJ C-585/10

Links:

Bailii

Statutes:

Directive 96/61/EC

European, Agriculture

Updated: 04 October 2022; Ref: scu.450094

Gebr. Stolle and another v Hauptzollamt Hamburg-Jonas C-323/10: ECJ 24 Nov 2011

ECJ Regulation (EEC) No 3846/87 – Agriculture – Export refunds – Poultrymeat – Fowls of the species Gallus domesticus, drawn and plucked

Judges:

A. Prechal, P

Citations:

C-323/10, [2011] EUECJ C-323/10, ECLI:EU:C:2011:774

Links:

Bailii

Statutes:

Regulation (EEC) No 3846/87

Jurisdiction:

European

Agriculture

Updated: 29 September 2022; Ref: scu.449361

Poland v Commission: ECFI 29 Sep 2011

ECFI Agriculture – Act of Accession of 2003 – Regulation (EC) No 1260/2001 – Regulation (EC) No 1686/2005 – Regulation (EC) No 1193/2009 – 2004/2005 marketing year – Additional levies – Attaching two coefficients – Jurisdiction – Legal basis – Standard accreditation – Obligation to state reasons – Compliance with the essential

Citations:

T-4/06, [2011] EUECJ T-4/06

Links:

Bailii

Statutes:

Regulation (EC) No 1260/2001, Regulation (EC) No 1686/2005, Regulation (EC) No 1193/2009

European, Agriculture

Updated: 20 September 2022; Ref: scu.444931

Greece v Commission: ECFI 28 Sep 2011

ECFI (Agriculture) French Text EAGGF – Guarantee Section – Expenditure excluded from Community financing – Specific measures for certain agricultural products for the smaller islands of the Aegean – Fruits and Vegetables – Raw tobacco – sheep and goat meat – Non-compliance with payment terms – Proportionality – Increase of the flat-rate correction in case of recurrence of the breach

Citations:

T-352/05, [2011] EUECJ T-352/05

Links:

Bailii

European, Agriculture

Updated: 20 September 2022; Ref: scu.444778

Monsanto And Others v Ministre de l’Agriculture et de la Peche: ECJ 8 Sep 2011

ECJ Agriculture – Genetically modified animal feed – Emergency measures – Measure adopted by a Member State – Provisional suspension of an authorisation granted pursuant to Directive 90/220/EEC – Legal basis – Directive 2001/18/EC – Article 12 – Sectoral legislation – Article 23 – Safeguard clause – Regulation (EC) No 1829/2003 – Article 20 – Existing products – Article 34 – Regulation (EC) No 178/2002- Articles 53 and 54 – Conditions of application

Citations:

C-65/10, [2011] EUECJ C-65/10

Links:

Bailii

European, Agriculture

Updated: 19 September 2022; Ref: scu.444125

Dow Agrosciences And Others v Commission (Agriculture): ECFI 9 Sep 2011

ECFI Plant-protection products – Active substance trifluralin – Non-inclusion in Annex I to Directive 91/414/EEC – Action for annulment – Evaluation procedure – New study and additional study – Time-limits – Concepts of ‘risk’ and ‘hazard’ – Manifest error of assessment – Draft review report – Draft directive or decision – Time-limits – Consequences of possible non-compliance – Legitimate expectations – Principle of proportionality – Decision 1999/468/EC (‘the comitology decision’) – Regulation (EC) No 850/2004 – Article 3(3) – Plea of illegality

Citations:

T-475/07, [2011] EUECJ T-475/07

Links:

Bailii

Statutes:

Directive 91/414/EEC, Decision 1999/468/EC, Regulation (EC) No 850/2004

European, Agriculture

Updated: 19 September 2022; Ref: scu.444100

Greece v Commission (Agriculture) French Text: ECFI 9 Sep 2011

ECFI EAGGF – Guarantee Section – Expenditure excluded from Community financing – Beef – extensification payment – Arable crops – fruits and vegetables – Aid for processing of certain citrus fruits – Conditions for applying a flat rate of financial correction 100% – Proportionality

Citations:

T-344/05, [2011] EUECJ T-344/05

Links:

Bailii

European, Agriculture

Updated: 19 September 2022; Ref: scu.444108

Agrana Zucker v Bundesminister fur Land- und Forstwirtschaft, Umwelt und Wasserwirtschaft: ECJ 28 Jul 2011

ECJ (Agriculture) Sugar – Temporary scheme for the restructuring of the sugar industry in the European Community – Regulation (EC) No 320/2006 – Article 11 – Revenue surplus in the restructuring fund – Assignment to the EAGF – Principle of conferral and principle of proportionality – Obligation to state reasons – Unjust enrichment.

Citations:

C-309/10, [2011] EUECJ C-309/10

Links:

Bailii

Statutes:

Regulation (EC) No 320/2006 11

Jurisdiction:

European

Agriculture

Updated: 17 September 2022; Ref: scu.442272

Unio De Pagesos De Catalunya: ECJ 7 Jul 2011

ECJ Common agricultural policy – Single payment scheme – National – Ability to allocate reference quantities to new farmers – Discretion of the Member States – Attribution limited for young farmers – Legality.

Citations:

C-197/10, [2011] EUECJ C-197/10, [2011] EUECJ C-197/10

Links:

Bailii, Bailii

European, Agriculture

Updated: 16 September 2022; Ref: scu.441814

Jakutis And Kretingalas Kooperatine ZUB v Nacionaline mokejimo agentura prie Zemes ukio ministerijos: ECJ 12 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Agriculture – Regulation (EC) No 73/2009 – Articles 7(1), 10(1), 121 and 132(2) – Acts implementing that regulation – Validity, in the light the TFEU Treaty, the 2003 Act of Accession and the principles of non-discrimination, legal certainty, the protection of legitimate expectations and sound administration – Modulation of direct payments granted to farmers – Reduction of the amounts – Level of direct payments applicable in the Member States of the European Community as constituted on 30 April 2004 and in the Member States that joined it on 1 May 2004 – No publication and no statement of reasons

Citations:

C-103/14, [2015] EUECJ C-103/14, ECLI:EU:C:2015:752

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 15 September 2022; Ref: scu.554656

Italy v Commission: ECFI 12 Nov 2015

ECJ Judgment – EAGGF – Guarantee Section – EAGF and EAFRD – Expenditure excluded from financing – Financial corrections lump – Direct payments – Conditionality – Aid for processing of citrus fruit – Conditions for the approval of a paying agency

Citations:

T-255/13, [2015] EUECJ T-255/13, ECLI:EU:T:2015:838

Links:

Bailii

Jurisdiction:

European

Agriculture

Updated: 15 September 2022; Ref: scu.554655

Viamex Agrar Handel v Hauptzollamt Hamburg-Jonasf: ECJ 30 Jun 2011

ECJ Directive 91/628/EEC – Point 48(5) of Chapter VII of the Annex – Regulation (EC) No 615/98 – Article 5(3) – Export refunds – Protection of bovine animals during rail transport – Conditions for payment of export refunds for bovine animals – Compliance with Directive 91/628/EEC – Principle of proportionality.

Citations:

C-485/09, [2011] EUECJ C-485/09

Links:

Bailii

Statutes:

Directive 91/628/EEC

Jurisdiction:

European

Agriculture

Updated: 15 September 2022; Ref: scu.441523

Perrott v Bryant And Another: 5 May 1836

Where a bill was brought for the customary tithes of oysters, alleging the customary payment to be to the owners and occupiers of boats employed in the fishery, and usually moored within the parish, Held, that it was not necessary to make the dredgers for the oysters, who had no interest in the boats, but who shared in the profits of the oysters, parties to the bill. – Oyster dredgers agreeing to receive from the owners of the boats, who were their employers, a stipulated share of the profits arising from the sale of the oysters, held not to be co-adventurers with the owners. The circumstance that property situate on the sea-shore, between a sea-side town and the sea, has not been assessed to the poor’s rates of the parish in which the town is situate, is very slender evidence of the property not being within the parish.

Citations:

[1836] EngR 670, (1836) 2 Y and C Ex 61, (1836) 160 ER 312

Links:

Commonlii

Jurisdiction:

England and Wales

Rating, Agriculture, Land

Updated: 11 September 2022; Ref: scu.315002

Isle of Anglesey County Council and Another v Welsh Ministers and others: QBD 6 May 2008

Challenge to the grant of planning permission to create a marina in an area designated as a mussel fishery.

Judges:

Davis J

Citations:

[2008] EWHC 921 (QB)

Links:

Bailii

Statutes:

Menai Strait Oyster and Mussel Fishery Order 1962

Jurisdiction:

Wales

Cited by:

Appeal fromIsle of Anglesey County Council and Another v The Welsh Ministries and others CA 20-Feb-2009
The claimants, the Commissioners and the County Council, sought declarations to establish their right to build a marina on parts of the foreshore currently used for commercial mussel fishing. Section 40 of the 1868 Act authorised ministers to make . .
Lists of cited by and citing cases may be incomplete.

Agriculture, Planning

Updated: 11 September 2022; Ref: scu.267543

Hughes, Regina (on the Application of) v Minister for Department of Environment, Food and Rural Affairs and Another: CA 30 Jan 2002

Application for leave to appeal against the refusal of her application for permission to apply for judicial review of the decision by the National Assembly for Wales to cull sheep on hefts on the Brecon Beacons.

Judges:

Latham LJ

Citations:

[2002] EWCA Civ 103

Links:

Bailii

Jurisdiction:

Wales

Animals, Agriculture

Updated: 11 September 2022; Ref: scu.216706

Regina v Secretary of State for Transport, ex parte Factortame: ECJ 25 Jul 1991

ECJ Member States – Obligations – Exercise of residual powers in the field of the registration of vessels – Compliance with Community law. Free movement of persons – Freedom of establishment – Registration of a fishing vessel in a Member State – Conditions relating to the nationality, residence and domicile of the owners, charterers and operators of the vessel – Unlawful – Power of derogation of the national authorities – Absence of effect – System of fishing quotas – Absence of effect – Condition relating to the location of place from which the vessel is managed and its operations directed and controlled – Lawful (EEC Treaty, Art. 52)

Citations:

C-221/89, [1991] EUECJ C-221/89, [1991] ECR I-3905

Links:

Bailii

Jurisdiction:

European

Cited by:

CitedFoulser and Another v HM Inspector of Taxes ChD 20-Dec-2005
The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief.
Held: The scheme failed. The restriction imposed did not infringe the right of . .
Lists of cited by and citing cases may be incomplete.

European, Agriculture, Administrative, Licensing

Updated: 11 September 2022; Ref: scu.160306