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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: 2001 To: 2001

This page lists 31 cases, and was prepared on 02 April 2018.

 
Quark Fishing Limited v Secretary of State for Foreign and Commonwealth Affairs [2001] EWHC 1174 Admin
2001

Scott Baker J
Agriculture
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.
South Georgia and South Sandwich Islands Order 1985 (SI 1985 No 449) 5
1 Cites

1 Citers


 
Azienda Agricola Monte Arcosu C-403/98; [2001] ECR 1-103; [2001] EUECJ C-403/98
11 Jan 2001
ECJ

European, Agriculture
ECJ Agriculture - Common agricultural policy - Structural reform Improving the efficiency of structures - Recognising the status of farmers practising farming as their main occupation Regulations Nos 797/85 and 2328/91 - Reliance before a national court by limited companies in the absence of implementing measures in the national legal system Not permissible (Council Regulations No 797/85, Art. 2(5), and No 2328/91, Art. 5(5)) - The last subparagraph of Article 2(5) of Regulation No 797/85 on improving the efficiency of agricultural structures and the last subparagraph of Article 5(5) of Regulation No 2328/91 on improving the efficiency of agricultural structures may not be relied on before a national court by limited companies seeking to obtain the status of farmers practising farming as their main occupation where the legislature of a Member State has not adopted the provisions necessary for their implementation in the national legal system.
[ Bailii ]
 
Martin John Davies v Hillier Nurseries Limited Times, 16 February 2001; [2001] EWHC Admin 58; [2001] EWHC Admin 587
29 Jan 2001
Admn
The Lord Chief Justice Of England And Wales, And Mr Justice Newman
Environment, Agriculture, European
If, at the time a plant was placed in a pot to be grown, it was also intended that the pot should be used when the plant was sold, then the pot was deemed to be packaging and was subject to the rules with regard to packaging recycling obligations. The pots into which the plants were finally transplanted were expected to be discarded by customers. The primary purpose was not for the growth of the plants, but was used as 'packaging conceived so as to constitute a sales unit' The original purpose was only one element of all the circumstances which the court should look at.
Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (S.I. 1997 No. 648) - Council Directive 94/62/EC on Packaging and Packaging Waste
[ Bailii ]
 
Taylor v Secretary of State for the Environment Transport and the Regions and Another Times, 30 January 2001; Gazette, 22 February 2001
30 Jan 2001
QBD

Agriculture, Planning
An area with a hard surface which was used as a hard standing for feeding sheep, and which was formed by deposit of builder's rubble was not a habitation and therefore was not used for the accommodation of sheep. Since the landowner was entitled to create such a surface, and entitled to use such waste in that construction, the order to remove it would create unnecessary work and expense.
Town and Country Planning Act 1990 289 - Town and Country Planning (General Development Procedure) Order 1995 (1995 No 419)
1 Cites

1 Citers



 
 Swift and Another v Dairywise Farms Limited and others; CA 1-Feb-2001 - [2001] EWCA Civ 145
 
Sociedade Agricola Dos Arinhos v Commission T-39/99 [2001] EUECJ T-39/99
7 Feb 2001
ECJ

Agriculture
ECJ Action for annulment - Commission Decision 98/653/EC - Emergency measures on the ground of the occurrence of bovine spongiform encephalopathy in Portugal - Natural or legal persons - Act of direct and individual concern to them - Admissibility
[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-40/99 [2001] EUECJ T-40/99
7 Feb 2001
ECJ

Agriculture

[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-41/99 [2001] EUECJ T-41/99
7 Feb 2001
ECJ

Agriculture
ECJ Action for annulment - Commission Decision 98/653/EC - Emergency measures on the ground of the occurrence of bovine spongiform encephalopathy in Portugal - Natural or legal persons - Act of direct and individual concern to them - Admissibility
[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-42/9 [2001] EUECJ T-42/99
7 Feb 2001
ECJ

Agriculture
eCJ Action for annulment - Commission Decision 98/653/EC - Emergency measures on the ground of the occurrence of bovine spongiform encephalopathy in Portugal - Natural or legal persons - Act of direct and individual concern to them - Admissibility
[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-43/99 [2001] EUECJ T-43/99
7 Feb 2001
ECJ

Agriculture

[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-44/99 [2001] EUECJ T-44/99
7 Feb 2001
ECJ

Agriculture

[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-45/99 [2001] EUECJ T-45/99
7 Feb 2001
ECJ

Agriculture
ECJ Action for annulment - Commission Decision 98/653/EC - Emergency measures on the ground of the occurrence of bovine spongiform encephalopathy in Portugal - Natural or legal persons - Act of direct and individual concern to them - Admissibility
[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-46/99 [2001] EUECJ T-46/99
7 Feb 2001
ECJ

Agriculture

[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-47/99 [2001] EUECJ T-47/99
7 Feb 2001
ECJ

Agriculture
ECJ Action for annulment - Commission Decision 98/653/EC - Emergency measures on the ground of the occurrence of bovine spongiform encephalopathy in Portugal - Natural or legal persons - Act of direct and individual concern to them - Admissibility
[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-50/99 [2001] EUECJ T-50/99
7 Feb 2001
ECJ

Agriculture

[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-48/99 [2001] EUECJ T-48/99
7 Feb 2001
ECJ

Agriculture

[ Bailii ]
 
Sociedade Agricola Dos Arinhos v Commission T-49/99 [2001] EUECJ T-49/99
7 Feb 2001
ECJ

Agriculture

[ Bailii ]
 
Taylor v Lancashire County Council and Another [2001] EWCA Civ 174
9 Feb 2001
CA

Agriculture, Landlord and Tenant
Appeal from arbitrator's award - use of farm for importing processing and selling milk - use covenant for agriculture only.
Agricultural Holdings Act 1986
[ Bailii ]
 
Parry v Edwards Geldard (A Firm) [2001] EWHC Ch 427
1 May 2001
ChD

Agriculture, Damages, Estoppel
The court had to decide the measure of damages. The claimant had lost the opportunity to acquire without charge a milk quota. The claimant asserted an estoppel by convention. This failed. Also the judge had not properly allowed for the marriage value of changes in the value of a second plot becoming used in conjunction with nearby land.
Dairy Produce Quotas Regulations 1994
1 Cites

[ Bailii ]
 
Crop Protection Association Ltd (Cpa), Regina (on the Application Of) v Ministry of Agriculture, Fisheries and Food and Another [2001] EWCA Civ 841
16 May 2001
CA

Agriculture

[ Bailii ]
 
Manukau Urban Maori Authority and others v Treaty of Waitangi Fisheries Commission and others and Reuben Brian Perenara v Treaty of Waitangi Fisheries Commission and others (New Zealand) [2001] UKPC 32
2 Jul 2001
PC

Constitutional, Agriculture, Commonwealth
(New Zealand) The treaty of settlement between the Maori people and the state operated also as a settlement as between the various Maori peoples. Inherited rights to control fisheries were to be construed so as to benefit the Maori people as a whole. Measures under the Act to help preserve fisheries were challenged by non-traditional Maori groups, claiming that they preferred traditional (Iwi) groups. The statute required consultation with traditional meeting groups which would have the effect of excluding non-traditional Maoris. The words were clear, and gave no discretion to benefit other than Iwi groups.
Maori Fisheries Act 1989 - Treaty of Waitangi Act 1975
[ Bailii ] - [ PC ] - [ PC ]
 
Jippes and others v Minister van Landbouw, Natuurbeheer en Visserij Times, 19 July 2001; [2001] EUECJ C-189/01; C-189/01; [2001] ECR I-5689; ECLI:EU:C:2001:420
12 Jul 2001
ECJ

Agriculture, European, Animals
(Judgment) Community law did not recognise the rights of animals as fundamental. The applicant owned animals, which fell to be destroyed as part of a preventive cull to protect against the spread of foot and mouth disease. The animals would not be moved nor mix with other animals. They claimed that the ban on vaccination which left the cull as an only alternative, was made without regard to a principle of promoting the welfare of animals. The protection of animals was neither an objective of the community, nor a principle of law. The directive was not manifestly inappropriate.
ECJ Agriculture - Control of foot-and-mouth disease - Prohibition of vaccination - Principle of proportionality - Taking animal welfare into account
"the criterion to be applied is not whether the measure adopted by the legislature was the only one or the best one possible but whether it was manifestly inappropriate"
1 Citers

[ Bailii ]
 
Warwick District Council v Secretary of State for Transport, Local Government and the Regions and Others Gazette, 11 October 2001
2 Oct 2001
Admn
Burton J
Planning, Agriculture, Animals
The second respondent extended their facilities at their abattoir to include more lairage. It was done without planning permission, and the abattoir was in the Green Belt. After an enquiry following a challenge of an enforcement notice, the inspector found that the damage to the green belt was slight. Removing the facility would not decrease traffic, and would compromise animal welfare. The authority challenged the decision saying that the inspector had not allowed for the possible reduced level of business which would follow the satisfaction of the enforcement notice. Held though the decision was criticised, the inspector had taken account of such issues and the decision could not be set aside.
Town and Country Planning Act 1990 288

 
Flemmer C-82/99; [2001] EUECJ C-82/99
9 Oct 2001
ECJ

European, Agriculture
ECJ Non-contractual liability - Milk producers - Non-marketing undertaking - Exclusion from milk quota scheme - Compensation - Substitution - Flat-rate compensation by contract - Regulation (EEC) No 2187/93 - Relevant jurisdiction - Applicable law
Regulation (EEC) No 2187/93
[ Bailii ]
 
J and S A Wood (A Firm) v Intervention Board for Agricultural Produce [2001] EWCA Civ 1569
23 Oct 2001
CA

Agriculture

[ Bailii ]
 
National Westminster Bank plc v Jones and Others Gazette, 15 November 2001; Times, 19 November 2001; [2001] EWCA Civ 1541; [2002] 1 BCLC 55
24 Oct 2001
CA
Judge LJ, Mummery LJ, Sir Martin Nourse
Banking, Agriculture, Insolvency
The respondent farmers charged the farm by way of an agricultural floating charge to the claimants. On coming into difficulties, they set up a limited company and granted a tenancy in its favour and transferred assets to it. The bank obtained declarations that the charges remained valid and that the new tenancies and assignments should be set aside. The tenants appealed, but failed. The admitted purpose of the transactions was to put the assets beyond the reach of the bank, and that they were at an undervalue. The Agricultural Credits Act operated therefore to crystallise the charge. As to s423, it: "requires a comparison to be made between two figures. For that purpose the court must arrive at a conclusion based on actual values. The evidence may, of course, disclose a range of suggested figures. But the court must ascertain from the evidence the actual value against which the consideration for the transaction must be measured. That was the approach adopted by the judge. It is correct."
Insolvency Act 1986 423 - Agricultural Credits Act 1928 7
1 Cites

1 Citers

[ Bailii ]
 
J S Bloor (Measham) Ltd v Eric Myles Calcott Times, 12 December 2001; Gazette, 24 January 2002; [2001] EWHC Ch 467; CH1997 J No: 5742
23 Nov 2001
ChD
Mr Justice Hart
Agriculture, Landlord and Tenant, Estoppel, Damages
The tenant had claimed a tenancy under the Act. The landlord sought to assert a proprietary estoppel against them. There was nothing in the 1986 Act to stop the claimants relying on a proprietary estoppel and asserting their claims to occupation. The defendant's tenancy was unenforceable against them.
Agricultural Holdings Act 1986
1 Cites

[ Bailii ]
 
Commission of the European Communities (supported by United Kingdom, intervener) v French Republic Times, 19 December 2001; Case C-1/00
13 Dec 2001
ECJ
CJ Rodriguez Iglesias, P and Judges P Jann, F Macken, N. Colneric, S. von Bahr, C. Gulmann, DAO Edward, A. La Pergola, J-P Puissochet, L Sevon, M Wathelet, R Schintgen and V Skouris Advocate General J Mischo
Agriculture, European, Commercial
Europe had banned the export of beef from England to prevent the sale of BSE infected meat. The ban was lifted under strict conditions set under Community veterinary advice. The French Republic retained their ban, and continued it despite instruction from the Commission to lift it, saying that their own national Food Safety Agency said there were still unresolved questions, regarding the traceability of certain product. Those concerns remained apposite as to some pre-packed products, but as to the rest the complaint was upheld.

 
Langton, Allen, Regina (on the Application of) v Department for the Environment, Food and Rural Affairs and Another [2001] EWHC Admin 1047
17 Dec 2001
Admn
Mr Nigel Pleming QC (Sitting As A Deputy High Court Judge
Agriculture, Animals, Human Rights, Judicial Review, Administrative
The claimants were farmers, who had been made subject to orders under the Act. They had accumulated maggot waste on their land. The second defendant accepted that the waste included material which would be high risk under the Directive. The defendant had entered the claimant's land to execute works required under the notice, and the claimant argued this interfered with their property rights under the Convention. The maggot waste which had been supplied to him had included other animal wastes. Held: Neither the Act for the Order allowed any provision for an appeal. Was judicial review a sufficient alternative remedy? Some of the significant decisions predated the Human Rights Act, and the actual procedure adopted allowed representations to be made, and for review if necessary. The Act was compliant.
Animal Health Act 1981 - Animal By-Products Order 1999 - European Convention on Human Rights - Council Directive 90/667/EEC of 27th November 1990.
1 Cites

[ Bailii ]
 
Regina v Minister of Agriculture Fisheries and Food, ex parte S P Anastasiou (Pissouri) Ltd and Others (2) [2001] UKHL 71; [2002] Eu LR 55
17 Dec 2001
HL
Lord Slynn of Hadley Lord Steyn Lord Hope of Craighead
Agriculture, European
The claimants asserted that citrus fruit exported from Turkish Cyprus via Turkey, and certified in Turkey, should not be imported. Imports required phytosanitary certificates conforming to European standards. They asserted that the regulations required the goods to certified in their country of origin. The European court had said that certificates issued in third countries could be valid under appropriate circumstances, according to the matters certified. The question has not been settled as to the application of the certificate to the packaging in a third country and the question referred to the European Court.
Plant Health (Great Britain) Order 1993 (1993 No 1320) Schedule 4A2 (31.1) - Directive 77/93/EC 9(1)
1 Cites

[ House of Lords ] - [ Bailii ]
 
South Wales Sea Fisheries Committee v National Assembly for Wales [2001] EWHC Admin 1162
21 Dec 2001
Admn
The Honourable Mr Justice Richards
Administrative, Agriculture, Local Government, Wales
The committee sought a review of the 2001 Order made under the 1966 Act to revise the contributions to be made by participating members of the committee to the costs of its administration. They contended that the only power over its costs was to order for the employment of fishery officers. By fixing the amounts payable it removed from the Committee its discretion as to how much to collect. Held: There was no power to impose an obligation on the member councils to pay a contribution, and that was one basis of the order, which had therefore been made under a mistake of law. The court's discretion should be exercised to overrule the order.
South Wales Sea Fisheries (Variation) Order 2001 - Sea Fisheries Regulation Act 1966 - Local Government Reorganisation (Wales) (Committees for Sea Fisheries Districts) (Amendment) Order 1996 - South Wales Sea Fisheries (Levies) Regulations 2001
1 Cites

[ Bailii ]
 
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