swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Agriculture - From: 1995 To: 1995
This page lists 9 cases, and was prepared on 02 April 2018.
Welby and Another v Casswell Gazette, 03 May 1995; Times, 18 April 1995; Independent, 14 April 1995
14 Apr 1995
CA
Agriculture, Landlord and Tenant
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)
1 Cites
1 Citers
Regina v Ministry of Agriculture, Fisheries and Food ex parte Lay and Gage Unreported, 15 May 1995
15 May 1995
Admn
Mr Justice Latham
Agriculture, Administrative, European
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.
1 Cites
Regina v Ministry of Agriculture Fisheries and Food Ex Parte St Clere's Hall Farm and Others Times, 16 June 1995
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 Times, 19 July 1995; Ind Summary, 11 September 1995
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.
EEC Directive 77/504
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
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.
Council Regulation 1765/92
1 Cites
[ Bailii ]
Regina v Ministry of Agriculture and Fisheries, Ex Parte National Union of Farmers and Others Ind Summary, 25 September 1995
25 Sep 1995
QBD
Agriculture
UK regulations on Sheep and Suckler Cow premiums do not comply with European Community Law.
Sheep Annual Premium & Suckler Cow Premium Quotas Regulations
City of Aberdeen District Council v Ben Reid and Co Ltd Times, 06 October 1995
6 Oct 1995
OHCS
Agriculture
Whether a garden centre was an agricultural holding was a question of fact and degree.
Regina v Minister of Agriculture, Fisheries and Food, ex parte Country Landowners Association; ECJ 9-Nov-1995 - [1996] 2 EGLR 1; C-38/94; [1995] EUECJ C-38/94; [1996] 36 EG 143; [1995] ECR I-3875; [1996] 2 CMLR 193
Wase (Inspector of Taxes) v Bourke; ChD 24-Nov-1995 - Ind Summary, 08 January 1996; Times, 24 November 1995