Penycoed Farming Partnership v Intervention Board For Agricultural Produce [2004] EWCA Civ 812 (10 June 2004)

Penycoed Farming Partnership v Intervention Board For Agricultural Produce [2004] EWCA Civ 812 (10 June 2004)

Defendants succeeded on the original pleaded issues, as the claimants' case under the regulation failed. The claimants' new basis for claim (Article 10) arose only after the European Court of Justice's judgment. Therefore, defendants are entitled to their costs of the application, appeal, and reference up to the amendment.

Citation
[2004] EWCA Civ 812
Parties
Defendant/appellant: Penycoed Farming Partnership; Plaintiff/respondent: Intervention Board for Agricultural Produce
Jurisdiction
England and Wales
Judgment Date
10 June 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal, Post Reference to European Court of Justice
Outcome
Appeal dismissed
Legal Topics
Strike Out Application, Milk Quota Levy, Pleading Amendment, Costs Orders
Civil Procedure European Union Law Agricultural Law Strike Out Application Milk Quota Levy Pleading Amendment Costs Orders

Case Brief

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Parties

Penycoed Farming Partnership

Defendant/appellant

Intervention Board for Agricultural Produce

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal, Post Reference to European Court of Justice

Legal Issues

  1. 1 Whether Articles 1 and 2 of Regulation 3950/92 permit recovery of milk levy from defendant
  2. 2 Whether claimants can amend pleadings to rely on Article 10 of the Treaty
  3. 3 Appropriate costs order following amendment

Ratio Decidendi

Defendants succeeded on the original pleaded issues, as the claimants' case under the regulation failed. The claimants' new basis for claim (Article 10) arose only after the European Court of Justice's judgment. Therefore, defendants are entitled to their costs of the application, appeal, and reference up to the amendment.

Court Disposition

Appeal dismissed

Orders

  • Defendants to have costs of application to Master Eyre, appeal to Court of Appeal, and reference to European Court of Justice
  • Legal aid assessment ordered for period when defendant had legal aid certificate