Cases - R v Dairy Produce Quota Tribunal for England and Wales ex parte Atkinson
Record details
- Name
- R v Dairy Produce Quota Tribunal for England and Wales ex parte Atkinson
- Date
- [1985]
- Citation
- 276 EG 1158
- Legislation
- Keywords
- Milk quota
- Summary
-
Two brothers, one on his own and one jointly with his wife, lodged claims before the prescribed date for a share in their region's reserved quota under the exceptional hardship provisions in the Dairy Produce Quotas Regulations (DPQR) 1984. In each case the applicants had purchased the farms in 1984, but were not producing milk on those farms during the year ending 31 March 1985. However, at all material times the two brothers had been in partnership with their father in relation to another farm which was an active dairy farm to which a primary quota attached. The Dairy Produce Quota Tribunal rejected the applicants' claim, on the ground that no actual dairy farming was being carried out in the year ending 31 March 1985 on either of the newly purchased farms. As such, neither of the applicants were 'producers'.
However, it was arguable that the applicants were indeed producers, as they were part of a partnership on their father's farm where the main occupation was dairy farming. Accordingly, the decision of the quota tribunal was quashed and the case remitted for fresh consideration by a differently constituted tribunal.