David Partridge, the claimant in the NFU-backed tabular valuations legal challenge, has been refused leave to appeal to the House of Lords. This means that the Court of Appeal’s decision, handed down on April 1 2009, stands.
Devon dairy farmer Mr Partridge took Defra to judicial review over the level of compensation he received for a number of high value and high quality pedigree animals which were identified as TB reactors and taken away for slaughter in March 2006.
The sums paid by Defra were based on the ’average value’ tables the Government introduced in February 2006, but fell far short of the real value of Mr Partridge’s animals.
Last July, the High Court ruled in Mr Partridge’s favour, and found that Defra’s approach to the valuation of high value animals was unlawful. However, in the judgment handed down on April 1 2009, the Court of Appeal overturned the High Court’s decision, and said there was no discrimination in Defra’s approach to the valuation of high value animals.
The NFU supported Mr Partridge in a petition to the House of Lords seeking leave to appeal against the Court of Appeal’s decision. However, the Appeal Committee of the House of Lords has decided it will not give Mr Partridge leave to appeal to the House of Lords.
NFU Deputy President Meurig Raymond said: "We are bitterly disappointed that Mr Partridge will not be able to take his case to the House of Lords. This has been an important case, not just for Mr Partridge, but for other NFU members with high quality, high value livestock.
"The NFU entirely disagreed with the Court of Appeal’s decision, and that is why we supported Mr Partridge as he sought to take his case to the House of Lords.
"We’ve supported Mr Partridge in taking this case as far as it can go in the English courts, but that doesn’t mean the NFU accepts that this is the end of story so far as compensation for animals slaughtered for TB control purposes is concerned.
"The NFU will be pushing for the Cattle Compensation Advisory Group, which has not met since 2006, to be reconvened to work through the as yet unresolved issues with the tabular valuations system and I am writing to Farming Minister Jim Fitzpatrick to request that this is looked into as a matter of urgency.
"This case was about the compensation that farmers receive for high quality, high value livestock slaughtered for TB control purposes. What makes the outcome of this legal challenge even more frustrating is that TB continues to spread, and farmers cannot tackle the reservoir of TB in wildlife. Tens of thousands of cattle are slaughtered each year, and the numbers keep rising over time.
"The NFU will continue to fight for the eradication of bovine TB in the UK."
Mr Partridge said: "I am saddened that we won’t be able to take this case to the House of Lords, but I’m grateful for the assistance of the NFU and its Legal Assistance Scheme in taking my case as far as we possibly could in the English courts."
The case has been fully backed by the NFU and its Legal Assistance Scheme, and the petition seeking leave to appeal to the House of Lords was also supported by the Devon legal fund, which represents more than 3,000 farmers in Devon. The solicitors instructed by the claimant are Clarke Willmott, one of the NFU’s panel firms. Hugh Mercer QC has advised on the case, along with Jeremy Brier.