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.
Judges:
Mr Justice Laws
Citations:
[1995] EWHC Admin 2
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Rye, Henson and J B Trustees Limited Trustees of Dennis Rye Pension Fund v Sheffield City Council and Frederick Henson and Rye (the Trustees of the Dennis Rye 1992 Grandchildren Settlement Fund) v Sheffield City Council CA 31-Jul-1997
Courts must not get tied up in public law/private law judicial review or other arguments when remedies and results provided by both jurisdictions are similar. The guidelines set down involved: ‘not only considering the technical questions of the . .
Cited – Samara v Commission ECJ 17-Feb-1987
ECJ Once the court has delivered a judgment annulling the decision on the classification of an official, and the administration, in giving effect to that judgment, no longer enjoys any measure of discretion, . .
Lists of cited by and citing cases may be incomplete.
Agriculture, Administrative
Updated: 08 July 2022; Ref: scu.136187
