Our last post on the bird flu outbreak was in October 2022 when the Government announced its improved compensation scheme aimed at addressing the unfairness that farmers were only being paid for birds that were slaughtered and not for birds that were present at the time of condemnation. That scheme has now been successfully challenged by Judicial Review. The challenge was made by seven farming business and was supported by the NFU, which was represented as an interested party. The decision, handed down by Mr Justice Hill on 19 January 2024, opens the door for claims to be revisited and increased.
For those interested and/or affected a copy of the judgment can be viewed here. It includes a useful section headed Relevant principles of statutory interpretation which provides an excellent summary and is of general application to all of us who, from time to time, have to consider whether a relevant authority – such as a local planning authority – is correctly interpreting and applying the law.
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