The National Farmers’ Union (NFU) has at the moment (Friday, January 19) gained a authorized problem in a battle over compensation payable to poultry farmers affected by avian influenza (fowl flu).

The union argued that the Animal and Plant Health Agency (APHA) had wrongly interpreted the legislation underpinning its compensation scheme and didn’t compensate affected farmers for birds which have been wholesome on the level and which it determined they need to be culled.

The NFU stated at the moment’s ruling confirms its view that the federal government had been making use of an “unlawful policy” to the calculation of compensation for farmers affected by fowl flu.

As properly as this, the union argued that the correct to compensation for wholesome birds affected by fowl flu accrues on the level at which APHA decides that the birds needs to be culled, and never on the later level of culling.

Due to delays by APHA between condemnation and culling, the NFU stated many wholesome birds grew to become affected by fowl flu within the interim interval.

‘Devastating disease’

NFU president Minette Batters stated 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 stated.

“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 stated: “This is a vastly important judgment for poultry farmers, offering essential readability on the interpretation of the AI compensation regime.

“On behalf of the poultry sector, I wish to specific my gratitude to the NFU members who’ve fought this problem from the outset proper up till at the moment’s implausible judgment, and it’s nice to see the facility 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 authorized board chair Nick Hamer stated the ruling is an “incredible result” for the members concerned in addition to 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 stated.

“This highlights once again the huge value of the NFU and the NFU’s LAS in supporting our members.”