Farmers are set to sue ‘outbreak’ company

Aug 9 2007

by Anna Lognonne, The Journal

THE company at the centre of the foot-and-mouth outbreak could end up paying millions in compensation if it is found liable. Farmers and other businesses affected by the foot-and-mouth outbreak are already thinking about taking legal action to try to recoup the money they have lost. Solicitors have said that if Merial are found to be responsible for the latest outbreak then the agricultural industry may be able to claim compensation. National Farmers’ Union (NFU) president Peter Kendall said the union was considering legal action. Tom Oates, of Northumberland chartered surveyors George F White, said they would be offering any help they could to farmers wanting to recoup lost earnings. Story continues ADVERTISEMENT “Unlike the outbreak in 2001 it looks as if we could have an identifiable source for this outbreak, which in turn means there is a possibility that farmers can make a claim. “However liability has got to be proven and any farmer or related business wishing for reimbursement must keep an accurate record of what has happened.” Christopher Hewitt, head of the countryside team at Newcastle-based law firm Ward Hadaway, said: “If farmers have suffered a loss, such as the culling of their cattle, and they can prove that loss is as a direct result of negligence then they have a probable claim. Under the legislation covering foot-and-mouth, the Government pays compensation in the event of any culling it has to carry out. However, claims based on more indirect economic loss, such as the fact that you have been prevented from selling cows because of movement restrictions, will be more difficult to prove. “If the source of this latest outbreak is traced back to the Government-run Institute for Animal Health at Pirbright, then the Government may be embarrassed into paying something to farmers.”

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