R v Dairy Produce Quota Tribunal for England and Wales , ex parte Caswell
R v Dairy Produce Quota Tribunal for England and Wales , ex parte Caswell
- 1989
- Weekly Law Reports (1989) 1 WLR 1089-1100(11) .
CA 26 May 1989 Application for judicial review of a decision of the tribunal. The applicants were A R and E E Caswell (C), partners in a dairy farming enterprise in Wales. C challenged the tribunal`s decision limiting the quantity of their claim under the exceptional hardship provisions in the Dairy Produce Quotas Regulations 1984 . The tribunal had dismissed the claim in 1985, but C took no steps to challenge the decision until 1987 when they applied for and obtained ex parte leave to move for judicial review. C conceded before QBD that there had been undue delay but they resisted an assertion by MAFF on the tribunal`s behalf that since there had been a number of unsuccessful applications to which the same provisions applied, the grant of relief would be detrimental to good administration . QBD held that tribunal were wrong in their construction of the regulations, but, accepting the ministry`s evidence, declined to grant relief. On appeal, CA upheld QBD decision.
MILK QUOTAS
CA 26 May 1989 Application for judicial review of a decision of the tribunal. The applicants were A R and E E Caswell (C), partners in a dairy farming enterprise in Wales. C challenged the tribunal`s decision limiting the quantity of their claim under the exceptional hardship provisions in the Dairy Produce Quotas Regulations 1984 . The tribunal had dismissed the claim in 1985, but C took no steps to challenge the decision until 1987 when they applied for and obtained ex parte leave to move for judicial review. C conceded before QBD that there had been undue delay but they resisted an assertion by MAFF on the tribunal`s behalf that since there had been a number of unsuccessful applications to which the same provisions applied, the grant of relief would be detrimental to good administration . QBD held that tribunal were wrong in their construction of the regulations, but, accepting the ministry`s evidence, declined to grant relief. On appeal, CA upheld QBD decision.
MILK QUOTAS