Caution urged over Foot and Mouth disease compensation claims

Farmers should not rush into claims for compensation following the recent foot-and mouth outbreak, a leading agricultural lawyer has advised.

William Neville of Burges Salmon, the law firm which acted in most of the cases arising out of the 2001 FMD outbreak, said that farmers should exercise caution while monitoring the ongoing investigations at Pirbright.

"The latest outbreak brought the British livestock industry to a standstill with many farmers and auctioneers suffering financial losses as a result. It is understandable that those affected will look for compensation," said Mr Neville. "However, it is basic English law that compensation for financial loss cannot be obtained unless there has also been damage to property. Unlike in 2001, only two farms have been subjected to slaughter.

"At this stage, there would appear to be no more than a faint possibility of general claims for financial losses, especially as the factual situation at Pirbright remains unclear and no responsibility, by either Merial or the Institute for Animal Health, has been established."

Mr Neville added, "It would be irresponsible for lawyers and representative bodies to be raising expectations about possible future claims and a lot of what has been said in the press so far

looks unduly optimistic. At present, we don't even know what caused the outbreak."

"Farmers should not feel that they have to rush to make a claim. It would be much better to wait for the outcome of the HSE's investigations before re-assessing the situation."

In the meantime, Burges Salmon is advising farmers to keep comprehensive records of any losses and expenditure as a result of restrictions imposed by the recent outbreak.