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| The Law - FMD 2007 - Compensation
Advice
Burges Salmon - Urging Caution over Foot-and-Mouth Disease Compensation Claims Burges Salmon, the UK’s leading law firm for agricultural matters, acted in most of the cases arising out of the 2001 Foot-and-Mouth (FMD) outbreak. They recommend that farmers exercise caution and do not rush into compensation claims following the recent FMD outbreaks. |
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| One of their team of leading
agricultural lawyers, William Neville, has been monitoring developments
in Surrey and has this to say:
"The British livestock industry has again been brought to a standstill by further outbreaks of FMD. At the same time, we have damning reports from both the Health and Safety Executive (PDF) and Professor Brian Spratt (PDF) identifying a series of bio-security breaches at Pirbright. Those farmers and other businesses affected will understandably look for compensation. “However, there is a fundamental principle of English law that compensation for financial loss cannot be obtained unless there has also been damage to property. Some farms in the area around Pirbright have been subjected to slaughter, but for the majority of the industry there remains no more than a faint possibility of general claims for financial losses. “Lawyers and representative bodies need to be responsible and should not raise expectations about possible future claims when the legal arguments do not look optimistic. Farmers do not need to rush into making claims and, with the FMD outbreak still developing daily, my advice is to wait and to continue monitoring the situation”. We advise farmers to keep comprehensive records of any losses and expenditure as a result of the current movement restrictions. For further information, please
contact: William Neville by e-Mail - Click here! Farmtalking - Since 2001 we have taken legal advice and published general information concerning the relevant agricultural laws and regulations of interest to those affected by the FMD crisis in the United Kingdom. All such general information concerning the law published on these pages must not be taken as 'legal advice'. We strongly recommend consulting your own solicitor for advice pertaining to your own personal situation. - Jane Barribal - Farmtalking |
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