R v Ministry of Agriculture, Fisheries and Food ex parte Cox
R v Ministry of Agriculture, Fisheries and Food ex parte Cox
- 1993
- Estates Gazette 1993 22 EG 111-116(6) .
QBD 12 February 1993. Application for judicial review by dairy farmer C against M`s decision to revoke C`s registration of milk quota. Two key issues raised. Firstly was there an effective transfer of quota from Hamps Village Farm Ltd (H) in 1986 and secondly did M have the power to revoke registration? In 1986 H agreed to grant C a grazing licence in respect of 9.39 acres with transfer of milk quota of 65,000 ltrs. C did not exercise her grazing rights. MMB registered transfer of quota in C`s name. In 1988 H claimed entitlement to the milk quota and requested M to adjust the register. M declined to do so on 11 July 1988. Following an arbitrators award which found that occupation of land was necessary to acquire milk quota, M informed C that the registration would be revoked. Application allowed with declaration that M is not entitled to rescind the wholesale quota register entry. Held that although C did not fulfil Commission Regulation 1371/84 article 5(2) in that she was not oper
EC LAW
MILK QUOTAS
OCCUPATION OF LAND
TRANSFER
QBD 12 February 1993. Application for judicial review by dairy farmer C against M`s decision to revoke C`s registration of milk quota. Two key issues raised. Firstly was there an effective transfer of quota from Hamps Village Farm Ltd (H) in 1986 and secondly did M have the power to revoke registration? In 1986 H agreed to grant C a grazing licence in respect of 9.39 acres with transfer of milk quota of 65,000 ltrs. C did not exercise her grazing rights. MMB registered transfer of quota in C`s name. In 1988 H claimed entitlement to the milk quota and requested M to adjust the register. M declined to do so on 11 July 1988. Following an arbitrators award which found that occupation of land was necessary to acquire milk quota, M informed C that the registration would be revoked. Application allowed with declaration that M is not entitled to rescind the wholesale quota register entry. Held that although C did not fulfil Commission Regulation 1371/84 article 5(2) in that she was not oper
EC LAW
MILK QUOTAS
OCCUPATION OF LAND
TRANSFER