QBD 11 February 1988. A claim for wholesale milk quota put forward by the applicant on the grounds of exceptional hardship was dismissed by the Dairy Produce Quota Tribunal. The present hearing was the third attempt to establish a a claim to quota. The applicant had no buildings for milking cows on the land of which he was a tenant, but there was an arrangement for the applicant to use milking facilities on land belonging to his father. Under the Dairy Produce Quotas Regulations 1984 , para 17(3)(a), a claimant invoking the exceptional hardship provisions had to establish that he had made an arrangement, the outcome of which was a level of wholesale delivery of dairy produce in respect of which wholesale quota was not otherwise capable under those regulations of being allocated to him. The tribunal decided that the applicant did not satisfy the regulations on the ground that he did not have a legally enforceable right to use the milking parlour. It was held that the tribunal had misd