||All England Reporter
|| All ER (D) 03 (Apr)
|| EWCA Civ 284
||Court of Appeal, Civil Division
Ward, Keene and Lawrence Collins LJJ
||Hugh Mercer QC and Jeremy Brier (instructed by Clarke Willmott) for the claimant.
||Christopher Vajda QC and Jason Coppel (instructed by DEFRA) for the Secretary of State.
||1 April 2009
Agriculture - Cattle - Compensation - European principle of equality - Compensation for cattle slaughtered by reason of disease - Table valuation of categories of cattle having disparate effect on owners of herds of high value animals - Judge finding that relevant Order breaching principle of equality - Secretary of State appealing - Whether valuation system offending European principle of equality - Whether disparate treatment objectively justified and proportionate - Whether judge erring - Cattle Compensation (England) Order 2006, .
Agriculture Cattle. Court of Appeal, Civil Division: Where the claimant company's cattle had been identified as reactors for bovine tuberculosis (TB) and had been removed for slaughter following which the claimant had received compensation that represented one third of the animals' individually assessed values, the judge had erred in finding that the Cattle Compensation (England) Order 2006, was in breach of the principle of equality.
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