A Court of Appeal judgment has overturned a High Court ruling that APHA had misinterpreted legislation underpinning its bird flu compensation scheme.
In January 2024, a group of farmers won a landmark legal challenge against the APHA (Animal and Plant Health Agency).
The case surrounded compensation for poultry farmers affected by an avian influenza outbreak on-farm.
Those involved in the claim argued that APHA had wrongly interpreted the law underpinning its compensation scheme.
They also argued that the agency failed to properly compensate affected farmers for birds which were healthy at the point at which it decided they should be culled.
APHA has now successfully appealed that decision following a new judgment by the Court of Appeal.
Responding to the news, NFU Poultry Board chair James Mottershead said it was an 'incredibly disappointing result' for the farmers, who are NFU members.
He said: “Not only have they suffered the devastating loss of their birds to avian influenza, but this decision means that they will no longer receive the compensation they had expected.
"The financial and emotional strain on farmers, their families and members of staff affected by AI should not be underestimated.
“The NFU will need time to fully consider the Judgment and our position going forward, along with the implications for the members who brought the claim and the wider poultry sector.”
The NFU’s Legal Assistance Scheme, which offers financial support towards legal and professional costs, funded the group of farmers bringing the claim.
