Challenging Government Compensation for Avian Influenza Losses

Background

As the North East panel firm for the National Farmers’ Union (NFU), we were instructed in 2022 to pursue claims against the Government on behalf of NFU members. The case centred on the underpayment of compensation following bird culls due to avian influenza (AI). Seven claimants joined a judicial review (JR) to challenge DEFRA’s method for calculating compensation. The outcome had national implications, with all poultry farmers affected by AI potentially benefiting from a ruling in favour of our clients.

Approach

We assembled a team of specialist lawyers and instructed experienced judicial review counsel with industry knowledge of the poultry sector. Given the complexity of the claim, we needed a detailed understanding of both DEFRA’s compensation calculations and the procedural demands of JR proceedings. Managing multiple claimants, the NFU, and the wider farming community’s expectations required clear communication and strategic direction.

Outcome

Our clients won in the Royal Courts of Justice, confirming their entitlement to increased compensation. However, the Government appealed, and in late 2024, the Court of Appeal ruled in their favour. After carefully considering the risks and costs of escalating the case to the Supreme Court, our clients decided not to proceed further. While the ruling was disappointing, we ensured our clients had clarity on all options, securing them the strongest legal position throughout.