Award-winning cattle farmer whose herd was slaughtered due to bovine tuberculosis to challenge 16-year wait for compensation

The Co Fermanagh man was granted leave to seek a judicial review in a dispute over a failure to award annual interest.

It is believed that if ultimately successful, the case could be worth millions of pounds for other livestock owners in Northern Ireland similarly impacted by culls on their animals.

The farmer at the centre of the legal action, who is not being named, has won awards for his pedigree cattle at shows across the United Kingdom and Europe.

In 2007 his herd was seized and slaughtered by the Department of Agriculture, Environment and Rural Affairs (DAERA) as part of attempts to eradicate bovine TB.

Compensation is available under a statutory scheme which involves assessing the animals’ market value.

Due to his dissatisfaction at the proposed level of payout, the farmer elected to have an approved independent valuer appointed under the terms of the Tuberculosis Control Order (NI) 1999.

The Department subsequently disputed the independent valuation of the herd and exercised its right to appeal to a three-person panel.

Amid delays attributed to Covid-19, other legal issues and recruitment to the board, the appeal process has yet to be fully completed.

But according to court papers, the farmer was awarded an additional £21,000 for one tranche of his animals, based on market value in 2007.

He claims that DAERA has wrongly failed to pay any interest on the figure reached by the appeal panel.

Based on standard rates over the 16 year period, his lawyers claim that award could be worth nearly four times as much.

They also insist that the higher compensation assessment of the independent valuer should have been paid out before the Department mounted an appeal.

With more than 200 animals in the herd still to be valued, the difference in their estimated worth is said to be more than £1.1m.

In a preliminary determination, Mr Justice Colton granted leave for the farmer to apply for judicial review of decisions taken by the Department.

He has listed the challenge for a full hearing in November.

Outside court, the farmer’s solicitor, Patrick Higgins of Donnelly & Wall, welcomed the ruling and stressed its wider significance.

Mr Higgins said: “This case will potentially affect many other farmers throughout Northern Ireland experiencing the same frustrations and financial hardship awaiting their appeals being heard by the independent appeals panel, including Single Farm Payment Appeals, Environmental Farming Scheme Appeals and Tuberculosis Appeals.”