Penycoed Farming Partnership v Intervention Board For Agricultural Produce

Penycoed Farming Partnership v Intervention Board For Agricultural Produce

Defendants succeeded on the original pleaded case, and the claimants' amendment was only prompted by the European Court of Justice's suggestion. Therefore, defendants are entitled to their costs of the application, appeal, and reference up to the amendment.

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 Judgment on Costs Following Reference to European Court of Justice
Outcome
Appeal dismissed
Legal Topics
Strike Out Application, Costs, Amendment of Pleadings, Milk Levy, Council Regulation 3950/92, Article 10 of the Treaty
Civil Procedure European Law Strike Out Application Costs Amendment of Pleadings Milk Levy Council Regulation 3950/92 Article 10 of the Treaty

Case Brief

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Parties

Penycoed Farming Partnership

Defendant/appellant

Intervention Board for Agricultural Produce

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appeal Judgment on Costs Following Reference to European Court of Justice

Legal Issues

  1. 1 Whether claimants could recover levy directly from defendant under Articles 1 and 2 of Regulation 3950/92
  2. 2 Whether claimants could amend pleadings to rely on Article 10 of the Treaty
  3. 3 Appropriate order as to costs given the outcome of the strike out application and subsequent amendment

Ratio Decidendi

Defendants succeeded on the original pleaded case, and the claimants' amendment was only prompted by the European Court of Justice's suggestion. 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 this court, and reference to European Court
  • Legal aid assessment for period when defendant had legal aid certificate ordered