Department for Environment Food & Rural Affairs v Feakins & Anor

Department for Environment Food & Rural Affairs v Feakins & Anor

KF participated in an arrangement to transfer Hill Farm at an undervalue to Miss Hawkins, defeating creditors, thus section 423 applies. Defra had statutory authority for most actions during the FMD outbreak, except burial of seized items in the C&D Pit and non-Garron animal remains in the Ash Pit, which constituted trespass. Damages for trespass and for the saddlery claim are awarded.

Parties
Claimant/part 20 Defendant: The Department for Environment Food and Rural Affairs; Defendant/part 20 Claimant: Kevin Andrew Feakins; Defendant/part 20 Claimant: Georgina Hawkins
Jurisdiction
England and Wales
Judgment Date
26 November 2004
Procedural Posture
Civil / Final Judgment
Outcome
Defra's claim under section 423 succeeds; counterclaim succeeds in part.
Legal Topics
Transaction at Undervalue, Statutory Authority, Trespass, Compensation, Burial and Disposal of Animal by Products, Groundwater Pollution, Specified Risk Material, Corporate Veil
Insolvency Property Environmental Public Health Transaction at Undervalue Statutory Authority Trespass Compensation +4 more

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Parties

The Department for Environment Food and Rural Affairs

Claimant/part 20 Defendant

Kevin Andrew Feakins

Defendant/part 20 Claimant

Georgina Hawkins

Defendant/part 20 Claimant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the transfer of Hill Farm to Miss Hawkins constituted a transaction at an undervalue under section 423 of the Insolvency Act 1986
  2. 2 Whether Defra had statutory authority for its actions at Hill Farm during the FMD outbreak
  3. 3 Whether Defra committed trespass in burying materials in the C&D Pit and Ash Pit

Ratio Decidendi

KF participated in an arrangement to transfer Hill Farm at an undervalue to Miss Hawkins, defeating creditors, thus section 423 applies. Defra had statutory authority for most actions during the FMD outbreak, except burial of seized items in the C&D Pit and non-Garron animal remains in the Ash Pit, which constituted trespass. Damages for trespass and for the saddlery claim are awarded.

Court Disposition

Defra's claim under section 423 succeeds; counterclaim succeeds in part.

Orders

  • Miss Hawkins' freehold interest to be charged with the amount previously secured by IBAP's charging order, subject to further argument.
  • Defra to remove at its own expense the unburied FYM, excavated C&D Pit, and contents of the Lagoon, and reinstate the land.