NFU to support Devon farmer in TB values case

The NFU has announced it will support Devon dairy farmer David Partridge, who is seeking leave to appeal to the House of Lords in the TB table values test case.

Mr Partridge is challenging compensation sums paid for infected stock, based on the ’average value’ tables introduced by the government in February 2006. In July, the High Court ruled in his favour, finding that where his high value animals were concerned this was unlawful.

But earlier this month the Court of Appeal said that there was no discrimination in that approach and allowed the department’s appeal.

Lord Justice Lawrence Collins said then: "I accept the Secretary of State’s submission that the true value of any animal once it has tested positive for TB is the salvage value of its carcass."

He also said that the true value of Mr Partridge’s cattle "was not materially different from any other cattle diagnosed with TB".

The NFU has considered the judgment carefully - and has decided to support Mr Partridge in a petition to the House of Lords, seeking leave to appeal against the Court of Appeal’s decision.

NFU Deputy President Meurig Raymond said: "We were extremely disappointed with the Court of Appeal’s decision. The NFU has always argued that the way Defra implemented table values was grossly unfair to producers of high value, high quality animals which are slaughtered for TB control purposes.

"This is an important case, and that is why the NFU and its Legal Assistance Scheme will be backing Mr Partridge as he seeks to take the case to the House of Lords."

The case has been fully backed by the NFU and its Legal Assistance Scheme and the application action is also being supported by the Devon legal fund which represents more than 3,000 farmers in Devon. The solicitors instructed by the claimant are Clarke Wilmott, one of the NFU’s panel firms. Hugh Mercer QC has advised on the case, along with Jeremy Brier.