The National Farmers’ Union (NFU) has today (Friday, January 19) won a legal challenge in a battle over compensation payable to poultry farmers affected by avian influenza (bird flu).
The union argued that the Animal and Plant Health Agency (APHA) had wrongly interpreted the law underpinning its compensation scheme and failed to compensate affected farmers for birds which were healthy at the point and which it decided they should be culled.
The NFU said today’s ruling confirms its view that the government had been applying an “unlawful policy” to the calculation of compensation for farmers affected by bird flu.
As well as this, the union argued that the right to compensation for healthy birds affected by bird flu accrues at the point at which APHA decides that the birds should be culled, and not at the later point of culling.
Due to delays by APHA between condemnation and culling, the NFU said many healthy birds became affected by bird flu in the interim period.
‘Devastating disease’
NFU president Minette Batters said the ruling is a “tremendous result”.
“AI is a truly devastating disease; so many farmers have suffered and are still enduring the aftereffects of the catastrophic outbreaks witnessed since 2021,” she said.
“The High Court has made clear that APHA’s AI compensation policy is unlawful, and we now look to government to rectify this wrong and to pay farmers the compensation to which they are lawfully entitled.”
NFU poultry board chair James Mottershead said: “This is a hugely significant judgment for poultry farmers, providing important clarity on the interpretation of the AI compensation regime.
“On behalf of the poultry sector, I would like to express my gratitude to the NFU members who have fought this challenge from the outset right up until today’s fantastic judgment, and it’s great to see the power of what the NFU can do for its members.
“The government’s flawed approach to calculating AI compensation over recent years must be swiftly corrected as a result of this ruling.”
NFU legal board chair Nick Hamer said the ruling is an “incredible result” for the members involved as well as the NFU and wider poultry sector.
“I would like to pay tribute to the dedication and expertise of the NFU’s poultry team and in-house legal department along with the fantastic support provided by NFU Panel Firm Jacksons Law Firm and legal Counsel Malcolm Birdling and Jagoda Klimowicz,” he said.
“This highlights once again the huge value of the NFU and the NFU’s LAS in supporting our members.”
