Partridge Farms Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs [2009] EWCA Civ 284 (01 April 2009)

Partridge Farms Ltd, R (on the application of) v Secretary of State for Environment, Food & Rural Affairs [2009] EWCA Civ 284 (01 April 2009)

There was no unlawful discrimination under Community law because all owners of pedigree cattle slaughtered for TB received compensation above salvage value, and the table valuation system was based on objective criteria to address overcompensation and administrative efficiency. The fact that some owners of high value cattle suffered greater losses did not render the scheme discriminatory or disproportionate, and any differential impact was objectively justified within the state's margin of appreciation.

Citation
[2009] EWCA Civ 284
Parties
Respondent/claimant: Partridge Farms Limited; Appellant/defendant: Secretary of State for Environment, Food and Rural Affairs
Jurisdiction
England and Wales
Judgment Date
01 April 2009
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Administrative Court
Outcome
Appeal allowed; judgment below set aside.
Legal Topics
State Aid, Compensation for Slaughtered Animals, Principle of Equality, Discrimination, Judicial Review, Animal Health Legislation
Administrative Law European Union Law Agricultural Law State Aid Compensation for Slaughtered Animals Principle of Equality Discrimination Judicial Review +1 more

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Parties

Partridge Farms Limited

Respondent/claimant

Secretary of State for Environment, Food and Rural Affairs

Appellant/defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Cattle Compensation (England) Order 2006 breaches the principle of equality under European Community law by failing to provide adequate compensation for high value pedigree cattle slaughtered due to bovine TB.
  2. 2 Whether the differential treatment of high value cattle owners is objectively justified.

Ratio Decidendi

There was no unlawful discrimination under Community law because all owners of pedigree cattle slaughtered for TB received compensation above salvage value, and the table valuation system was based on objective criteria to address overcompensation and administrative efficiency. The fact that some owners of high value cattle suffered greater losses did not render the scheme discriminatory or disproportionate, and any differential impact was objectively justified within the state's margin of appreciation.

Court Disposition

Appeal allowed; judgment below set aside.

Orders

  • Declaration that the Cattle Compensation (England) Order 2006 breached the principle of equality is overturned.
  • No special provision required for high value cattle under the Order.