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: 2002 To: 2002
This page lists 26 cases, and was prepared on 02 April 2018.
Regina v Intervention Board for Agricultural Produce, ex parte British Sugar plc C-101/99; [2002] EUECJ C-101/99
10 Jan 2002
ECJ
European, Agriculture
ECJ Reference for a preliminary ruling: High Court of Justice (England & Wales), Queen's Bench Division (Crown Office) - United Kingdom. Agriculture - Common organisation of the markets - Sugar - Attribution as "C sugar" of a quantity of sugar produced during a given marketing year - Charge payable in respect of sugar disposed of on the internal market - Levied in the case of export with an export licence - Export refunds.
[ Bailii ]
France v Commission C-118/99; [2002] EUECJ C-118/99
24 Jan 2002
ECJ
European, Agriculture
Europa Clearance of accounts - EAGGF - 1995 financial year - Arable crops.
[ Bailii ]
Hughes, Regina (on the Application of) v Minister for Department of Environment, Food and Rural Affairs and Another [2002] EWCA Civ 103
30 Jan 2002
CA
Latham LJ
Animals, Agriculture, Wales
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.
[ Bailii ]
Schulte v Council and Commission; ECFI 7-Feb-2002 - T-261/94; [2002] EUECJ T-261/94
Weber and Weber v Freistaat Bayern C-37/00; [2002] EUECJ C-328/00; [2002] EUECJ C-37/00; C-328/00
27 Feb 2002
ECJ
European, Agriculture
Europa Reference for a preliminary ruling: Bayerisches Verwaltungsgericht Regensburg - Germany. Common agricultural policy - Support system for oil-seeds - Validity of Regulation (EEC) No 525/93.
[ Bailii ] - [ Bailii ]
McGowan and Gibbons v Jewell Gazette, 14 March 2002; [2002] EWCA Civ 145
28 Feb 2002
CA
Lord Justice Mance, And, Mr. Justice Park
Agriculture, Landlord and Tenant
The tenant took farm premises subject to a lease allowing its use for farming purposes only. It prevented its use as a market garden, which would have allowed compensation to be claimed on its termination. He had come to operate several activities from the farm. The landlords claimed that the new activities were in breach of the tenancy agreement. Held: The tenancy, not the 1948 Act, defined the uses permitted by the lease. The proposed activities of a farm shop and educational visits were not agricultural purposes within the meaning of the tenancy agreement.
Agricultural Holdings Act 1948 - Agricultural Holdings Act 1986
1 Cites
[ Bailii ]
Hamilton v Papakura District Council and Watercare Services Ltd Times, 05 March 2002; [2002] 3 NZLR 308; [2002] BCL 310; Appeal No 57 of 2000; [2002] UKPC 9
28 Feb 2002
PC
Lord Nicholls of Birkenhead, Lord Hutton, Lord Rodger of Earlsferry, Sir Andrew Leggatt and Sir Kenneth Keith
Utilities, Agriculture, Contract, Negligence, Nuisance, Commonwealth
(New Zealand) The claimants sought damages. The water authority had put in the water supply herbicides which damaged the crops they sought to grow, and which were watered from the supply. The plants were particularly sensitive to such chemicals. Held: Dismissing the company's appeal, the water supplier had a general duty to supply water to accepted standards. The water company had done this. The claimant had failed to show that it had brought its particular needs to the attention of the water company, and a claim in contract failed. The Ashington Piggeries case did not apply because in this case there was one supply of one product. Negligence could not be established without accepting a higher duty to some consumers. No such duty was established. The claims in nuisance, of having allowed the escape of materials brought onto their land, failed because there was no forseeability of this damage.
Sale of Goods Act 1893 14
1 Cites
[ PC ] - [ (1) G.J. Hamilton and ' target-'_ext'>PC ] - [ Bailii ] - [ PC ]
Regina (Persey and Others) v Secretary of State for Environment, Food and Rural Affairs Times, 28 March 2002; Gazette, 23 May 2002; [2002] EWHC 371 (Admin); [2003] QB 794; [2002] 3 WLR 704
15 Mar 2002
Admn
Lord Justice Simon Brown and Mr Justice Scott Baker
Human Rights, Administrative, Agriculture, Information, Judicial Review, Media
The applicants sought an order that the government enquiries into the foot and mouth outbreak should be held in public. They argued that the need to re-establish public faith made a decision not to hold the enquiries in public irrational, and that a failure to hold the enquiry in public infringed the applicant's human rights. Held: The distinction between freedom of expression, and of access to information was central. Art 10 created no obligation to provide a public forum for discussion of issues. On the question of whether there is a presumption that an inquiry would be held in public (Wagstaff), this must be approached on a case by case basis with no presumption either way.
European Convention on Human Rights 10
1 Cites
1 Citers
[ Bailii ]
Dixon and Another, Regina (on the application of ) v Secretary of State for the Environment, Food and Rural Affairs Times, 22 April 2002; [2002] EWHC 831 Admin
10 Apr 2002
QBD
Judge Jack Beatson, QC
Agriculture, Damages
The applicants were farmers. Their cattle were destroyed after contracting foot and mouth disease. Their land was used for the burning of the carcasses of their animals, and of animals from neighbouring farms. They were compensated inter alia for the use of their land for burning the carcasses of their neighbours, but not their own animals. Held: The Act did not contain a clear express power to compel the use of land for burning, but one was properly inferred. There was no obligation to pay compensation for the use of the claimants' land for the burning of their own animal carcasses.
Animal Health Act 1981 31 34(2) Sch 3
1 Cites
1 Citers
Belgium v Commission C-332/00; [2002] EUECJ C-332/00
18 Apr 2002
ECJ
F. Macken, President of the Chamber, C. Gulmann, J.-P. Puissochet, R. Schintgen and J.N. Cunha Rodrigues (Rapporteur), Judges, Advocate General: C. Stix-Hackl, Registrar: L. Hewlett
European, Agriculture
APPLICATION for, first, annulment of Commission Decision 2000/448/EC of 5 July 2000 amending Decision 1999/187/EC on the clearance of the accounts presented by the Member States in respect of the expenditure for 1995 of the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180, p. 46) in so far as it excludes from Community financing expenditure in the amount of BEF 50 763 827 incurred by the Kingdom of Belgium in the context of aid for the sale at a reduced price of butter and the grant of aid for butter and concentrated butter intended for the manufacture of pastry products, ice-cream and other foodstuffs and, second, partial annulment of Commission Decision 2000/449/EC of 5 July 2000 excluding from Community financing certain expenditure incurred by the Member States under the Guarantee Section of the European Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 2000 L 180, p. 49) in so far as it excludes from Community financing expenditure in the amount of EUR 1 602 256.45 and EUR 31 883.22 respectively incurred by the Kingdom of Belgium in the context of aid for the sale at a reduced price of butter and the grant of aid for concentrated butter intended for the manufacture of pastry products, ice-cream and other foodstuffs
[ Bailii ]
Parry v Ministry of Agriculture Fisheries and Food and Another [2002] EWCA Civ 864
23 May 2002
CA
Kennedy, May LJJ, Jackson J
Agriculture, European
The market in milk quotas
[ Bailii ]
Union de Pequenos Agricultores v Council of the European Union (supported by Commission of the European Communities, intervener) Times, 16 August 2002; C-50/00; [2002] EUECJ C-50/00P; C-50/00
25 Jul 2002
ECJ
Iglesias, Jann, Macken, Colneric, von Bahr, Gulmann, Edward, La Pergola, Puissochet, Wathelet, Schintgen, Skouris and Rodrigues Advocate-General F. G. Jacobs
European, Agriculture
The claimant represented smaller agricultural units in Spain. They sought to challenge a European Directive. Although it did not affect them directly, they felt that their national law left no remedy. The regulation related to markets in olive oil. Held: A measure of general regulation did affect individuals. It was for member states to provide remedies, and to seek to reform such measures. It was not open to people not directly affected to challenge a European regulation of general application by way of pleading its invalidity.
EC Treaty 173(4)
[ Bailii ]
Lavin v Johnson; CA 31-Jul-2002 - [2002] EWCA Civ 1138
Padgham and another v Rochelle and another Gazette, 03 October 2002
1 Aug 2002
ChD
Mr Launcelot Henderson QC, sitting as a deputy judge of the division
Agriculture, Land, Undue Influence
The testator occupied farmland and buildings. He was helped in maintaining the farm by his son, but gave the land to his grandchildren by his will. The son claimed to have been granted an informal written agricultural tenancy by his father before his death. Held: The arrangement was not intended to create legal relations, and no tenancy was created. The agreement was sufficient to satisfy section 52, but in construing it, the court had to allow for the fact that the deceased had placed particular trust and confidence in the son, and a presumption of undue influence arose. The claimant had not displaced that presumption, and the tenancy agreement was set aside.
Law of Property Act 1925 52
1 Cites
Gibbons (A Firm) v Pickard [2002] EWCA Civ 1357
5 Sep 2002
CA
Peter Gibson LJ, Tuckey LJ
Landlord and Tenant, Agriculture
The claimants sought possession of land. The defendant tenants claimed to have security under an agricultural tenancy.
[ Bailii ]
Antonio Munoz Y Cia SA Superior and Fruitcola SA v Frumar Limited and Another Times, 20 November 2002; C/253/00; [2003] Ch 328
17 Sep 2002
ECJ
Advocate General Geelhoed
European, Intellectual Property, Agriculture
The claimant grew and sold grapes, and complained that the defendant who also traded in grapes was acting in breach of community legislation in failing to meet quality control standards. The national court had held that the claimant had no right itself directly to enforce the European Regulation. Held: The claimant did have a right itself to enforce the Regulation. As a regulation, it had direct effect, and the national court had a duty to make sure that its effect was ensured, and that in turn implied that it was open to a competitor to request a court to enforce the regulations by civil action.
Advocate General Geelhoed said: 'Infringements of Community law are to be penalised under conditions, both procedural and substantive, which are analogous to those applicable to comparable infringements of like seriousness of national law.'
Council Regulation (EC) No 2200/96 3(1) - EC Treaty 189
1 Citers
Isabel Parras Medina and Adelina Parras Medina v Consejeria de Agricultura y Medio Ambiente de la Junta de Comunidades de Castilla-La Mancha (Judgment) C-208/01; [2002] EUECJ C-208/01
17 Oct 2002
ECJ
European, Agriculture
Europa Reference for a preliminary ruling: Tribunal Superior de Justicia de Castilla-La Mancha - Spain. Agriculture - Common organisation of markets - Wine sector - Regulation (EC) No 1294/96 - Harvest, production and stock declarations - Failure of a holding to comply with the time-limits for making declarations - Death of the director of the holding - Force majeure.
[ Bailii ]
Secretary of State for Defence v Spencer and Another Times, 30 October 2002; Gazette, 14 November 2002; [2002] EWHC 2116 (CH); [2003] 1 WLR 75
17 Oct 2002
ChD
Neuberger J
Agriculture, Land
An agricultural tenancy was varied by the addition of a small plot of land. The tenant argued that this led to a postponement of the review under the Act. The landlord appealed. Held: The addition of a plot could not properly be seen as a variation of the boundaries, but the description of the land in the tenancy could properly be seen as one of its terms, and a small variation of the terms did not call into effect paragraph 4(1).
Agricultural Holdings Act 1986 Sch2 Para 4(1) 6
1 Cites
1 Citers
National Farmer's Union v Secretariat general du Gouvernment Times, 24 October 2002; [2002] EUECJ C-241/01; C-241/01
22 Oct 2002
ECJ
Iglesias, Puissochet, Wathelet, Schintgen, Gulmann, Edward, Skouris, Macken, Colneric, Rodrigues, Rosas JJ
European, Agriculture
The applicant sought to challenge the respondent's decision to refuse entry for British Beef to France, even though the lifting of the ban had been ordered by the Commission. Held: The respondent was not entitled to seek to rely in justification upon matters which had come to its attention after the ban had been lifted.
[ Bailii ]
Criminal proceedings against Walter Hahn C-121/00; [2002] EUECJ C-121/00; (2002) ECR 1-9193
24 Oct 2002
ECJ
Agriculture
ECJ Reference for a preliminary ruling: Bezirksgericht Innere Stadt Wien - Austria. Fisheries - Health policy - Directive 91/493/EEC and Decision 94/356/EC - Articles 28 EC and 30 EC - Principle of proportionality - Limit values for the presence of Listeria monocytogenes in smoked fish products.
Directive 91/493/EEC
1 Citers
[ Bailii ]
Borie Manoux SARL v Directeur de l'Institut national de la propriete industrielle C-81/01; [2002] EUECJ C-81/01
24 Oct 2002
ECJ
European, Agriculture
ECJ Agriculture - Common organisation of the markets - Wine - Description and presentation of wines - Quality wines produced in specific regions - Brand name printed on label - Restrictions - Articles 11 and 40 of Regulation No 2392/89
Regulation No 2392/89
[ Bailii ]
Secretary of State for Foreign and Commonwealth Affairs v Quark Fishing Limited [2002] EWCA Civ 1409
30 Oct 2002
CA
Lord Justice Laws, Lord Jusice Aldous, Lord Justice Johnathan Parker
Licensing, Agriculture, Judicial Review
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 unhappily short of the high standards of fairness and openness which is now routinely attained by British government departments. "
Laws LJ said that there is "a very high duty on public authority respondents, not least central government, to assist the court with full and accurate explanation of all the facts relevant to the issue the court must decide"
South Georgia and South Sandwich Islands Order 1985 - British Settlements Acts 1887 - British Settlements Acts 1945
1 Cites
1 Citers
[ Bailii ]
Commission v United Kingdom (Judgment) C-140/00; [2002] EUECJ C-140/00
14 Nov 2002
ECJ
European, Agriculture
Europa Failure by a Member State to fulfil its obligations - Fisheries - Conservation and management of fishery resources - Control measures for fishing activities.
[ Bailii ]
Wren v Department of Environment, Food and Rural Affairs Times, 04 December 2002
14 Nov 2002
QBD
Cooke J
Agriculture, Benefits, European
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.
Council Regulation (EEC) 1765/92 of June 30 1992 (OJ 1992 L181/12) - Commission Regulation (EC) 762/94 of April 6 1994 2
John Alun Davies v Lewis Wyn Davies [2002] EWCA Civ 1791
6 Dec 2002
CA
Lord Justice Ward, Sir Anthony Evans
Agriculture, Landlord and Tenant
Agricultural Holdings Act 1986 2
[ Bailii ]
Feakins v Secretary of State for Environment, Food and Rural Affairs; Admn 20-Dec-2002 - [2002] EWHC 2574 (Admin)