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Civil Proceedings

Volume 487: debated on Tuesday 3 February 2009

To ask the Secretary of State for Environment, Food and Rural Affairs with reference to the answer of 26 November 2008, Official Report, column 1594W, on civil proceedings, how many of the proceedings naming his Department as a defending party which are currently (a) under appeal and (b) ongoing or unresolved relate to the review of a Ministerial decision; and what the (i) title of claim, (ii) grounds for claim and (iii) value of claim is in each such case. (242364)

The number of such cases under appeal and ongoing or unresolved that relate to the political review of a ministerial decision is 25. These are:

R (on the application of Partridge Farms Limited) v. Secretary of State for Environment, Food and Rural Affairs, in which the judgment of the High Court on 14 July 2008 is being appealed by the Secretary of State to the Court of Appeal. The claimant's ground of challenge is that the Cattle Compensation (England) Order 2006 is in breach of the EC law principle of equality of treatment. The claim is for a judicial review and damages are not sought.

There are 21 cases involving a similar challenge that have been stayed pending the determination of the appeal in Partridge Farms Limited. The claims are for judicial review and damages are not sought. The titles of the claims are:

R (On the application of CMJ and PL Hurd T/A Heywood and Hurd) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Edward, John and James Seaton T/A Seatons Farms) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Peter Eardley) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Longden Manor Farms) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Shaniel Farms Ltd, Mr. D Williams and Mr. A Baird v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of JA and EG Yewdall and Son) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of MD McMillan) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of DC Dennis and Sons) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of RJ Down and Mrs. CA Down) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of J and P Prideaux) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Walter Maidment Limited) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of DC Dennis and Sons) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of RD and Mrs. JL Youngman T/A Coleford Farming Company) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Higher Burrow Organic Farming Partnership ) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Mr. RK Siddorn T/A AJH and RK Siddorn) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of WGA Hunkin and Son) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Patrick George Saunders and Miles T/A PG Saunders) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of EJ and WJ Griggs and Sons) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Robert, Thomas, Elizabeth, Julie and Wendy Pocock T/A T E Pocock and Co.) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of Ivor, Doreen, Martyn, Linda and Mark Hussell T/A Messrs. Hussell) v. Secretary of State for Environment, Food and Rural Affairs

R (On the application of JWR and Hiscock T/A Springwood Farms Ltd) v. Secretary of State for Environment, Food and Rural Affairs

Friends of the Earth and Help the Aged v. Secretary of State for Business, Enterprise and Regulatory Reform, and Secretary of State for Environment, Food and Rural Affairs, in which the judgments of the High Court on 6 and 23 October 2008 are being appealed by the claimants to the Court of Appeal. The claimants' ground of challenge is that the Government are not complying with the Warm Homes and Energy Conservation Act 2000 in respect of fuel poverty. The claim is for judicial review and damages are not sought.

Georgina Downs v. Secretary of State for Environment, Food and Rural Affairs, in which the judgment of the High Court on 14 November 2008 is being appealed by the Secretary of State to the Court of Appeal. The claimant's ground of challenge is that the obligations of EC Directive (91/414/EEC) were not complied with in that the UK regime does not provide for the necessary protection for the health of those who live near crop spraying operations. The claim is for judicial review and damages are not sought.

Richard Currell v. Secretary of State for Environment, Food and Rural Affairs and another, an application for permission for judicial review of a decision by the Secretary of State to uphold on appeal stop notices issued by Natural England under the Environmental Impact Assessment (Agriculture) (England) No. 2 Regulations 2006 in respect of the use of land. The claim is for judicial review and damages are not sought.