Source: All England Reporter
Publisher Citation: [2009] All ER (D) 03 (Apr)
Neutral Citation: [2009] EWCA Civ 284
Court: Court of Appeal, Civil Division
Judge:

Ward, Keene and Lawrence Collins LJJ
Representation 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.
Judgment Dates: 1 April 2009

Catchwords

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, .

The Case

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.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.

Lexis®Library

  • An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
  • Cases related to this particular case that are related to, or discuss this caseView related cases
  • Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
  • The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports