litigation & dispute resolution

Farmers can face a multiplicity of disputes about their land, their businesses and their entitlement to payment from customers and the state.

Resolving disputes can comprise many differing techniques and methods of resolution, from litigation to arbitration or mediation. There are statutory tribunals with their own rules with which advisors need to be familiar.

At Clarke Willmott, our Dispute team includes arbitrators, mediators and higher court advocates with experience of all these methods of dispute resolution. They are also educated about the specific needs of the rural land-owner so as to understand how the expert legal advice they deliver fits in with our client's business needs.

Recent cases include:

• R v DEFRA ex parte Persey - challenge to the Government's decision not to hold a public enquiry into FMD.

• R V DEFRA ex parte Reakes - successful challenge to the DEFRA Organic Conversion Scheme.

• R V DEFRA ex Parte Janes - successful challenge to DEFRA Sheep premium ringfence rules.

• Owen v Blathwayt - Court of Appeal challenge which makes new law on Common land issues.

• A considerable number of cases concerning the right to payment and challenges of payments made to farmers and contractors under the Animal Health Act 1981 post FMD.

• Berry v DEFRA and Devon CC - successful rights of way judicial review relating to public paths.

For further information, please contact Tim Russ.