Farmers living in Fermanagh country can get compensation through the statutory scheme for bTB herd slaughter, single farm payment appeals, environment farming scheme appeals, tuberculosis appeals etc.
Quick overview – Fermanagh farmer filed a case for a 16-year compensation wait, Bovine Tuberculosis (bTB), TB herd slaughter.
In this post, I am putting some light on the recent case filed by an award-winning cattle farmer’s herd was slaughtered after a Bovine Tuberculosis (bTB).
The male farmer has secured permission for a High Court challenge to his 16-year compensation wait.
Fermanagh farmer TB herd slaughter compensation statutory scheme
If the farmer wins the case it is believed that the case may be worth millions of pounds to similar cases which were similarly affected by bTB.
The farmer belongs to Fermanagh country and failed to award annual interest. The farmer was granted leave to seek a judicial review over annual interest failure. It was the incident of 2007 when the incident took place as part of efforts to eradicate bTB.
The Agricultural Department, Environmental and Rural Affairs (Daera) seized it. Farmers are eligible for compensation under a statutory scheme that involves estimating the animal’s market value.
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The proposed payment was too low as per the current year’s expensiveness and the farmer rejected it and opted to have an independent valuer appointed. On the other hand, the department seems not happy with the current valuation and used its right to appeal to a 3-person panel. The appeal is yet to be fully completed and taking some more time.
However, the department used its right and appealed to a three-person panel but at the moment court has decided on behalf of court papers and awarded the farmer an additional 21,000 pounds. This amount is only for one trench of his animals based on the 2007 market value.
According to the farmers’ claim, Daera failed to pay any interest on the figure reached by the appeal panel.
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The incident happened in 2007 and it will be almost 16 years in 2023. His lawyers claim that the money could be 4 times more based on standard rates over the period of 16 years.
Farmers’ lawyers also insist that the department should have paid the higher compensation assessment of the independent valuer before appearing in court.
More than 200 animals in the herd still need to be valued. The difference in the calculated estimations of their worth is more than 1.1 million pounds. The case will be discussed in the court in the month of November.
Patrick Higgins of Donnelly & Wall is the farmer’s lawyer who welcomed the ruling while speaking outside the court and stressed its wider significance.
The lawyer Mr Higgins said this bTB case will definitely affect many other farmers’ cases potentially throughout Northern Ireland where farmers are experiencing the same frustration and financial problems awaiting their appeals.
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Some of the appeals made by Ireland farmers are single farm payment appeals, environment farming scheme appeals and tuberculosis appeals.
FAQ
What is the case that a farmer is fighting in court?
Fermanagh Farmer’s herd was slaughtered after Bovine Tuberculosis (bTB).
What is the name of a farmer’s lawyer?
Mr. Pateick Higgins.
In which year the incident happened with the farmer?
In 2007.
Farmer fighting case belongs to which country?
Fermanagh country.
Farmers, how many years of compensation are pending?
16-year compensation is pending.
Farmers are eligible for compensation under which scheme?
Under a statutory scheme.
If a farmer’s herd was slaughtered after a Bovine Tuberculosis (bTB) can they get compensation?
Yes, farmers can get compensation under a statutory scheme which involves estimating the animals’ market value.
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