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
