Single Payment Scheme – Payment Penalty as a result of employee actions – was employee action directly attributable to farmer

Single Payment Scheme – Occupation of eligible land – Council Regulation 73/2009, art.30 – Claimants ‘artificially created’ conditions ‘contrary to objectives’ of Scheme – Whether short-term agreement for occupation acceptable

Single Payment Scheme – Rights of common – Whether entitlements should have been allocated to a farmer with rights which were unused during the relevant period – Whether those who do not exercise common right to graze are entitled to receive payment

Single Payment Scheme – Commission Regulation 795/2004 – Claimant making error in application – Penalties – ‘Obvious error’ – Legitimate expectation

Single Payment Scheme – Council Regulation 1782/2003 – Commission Regulation 795/2004 – Historic element of payment – Consequences of termination of share farming agreement on beneficial interest in entitlement

Regulations 1782/2003 and 73/2009 – Commission Regulations 795/2004 and 796/2004 – Single Payment Scheme – Eligibility of land used for agricultural and non-agricultural purposes – Whether error in allocation of entitlements was one which the farmer could reasonably have detected

Permanent pasture – Effect of growing consecutive but different crops of herbaceous forage – Not a crop rotation – Period of permanence unbroken

Single Payment Scheme – Cross compliance – Necessary mens rea for establishment of ‘intentional’ breach – Setting of national criteria by which to assess intent – Assessment of intent or negligence on part of claimant as regards acts of third parties

Council Regulation 73/2009, arts.34, 36 & 137 – Commission Regulation 796/2004, art.73a – Allocation of single payment scheme entitlements – Erroneous inclusion by Member State of ineligible areas – Effect on value of payment – Modification of payment value per hectare

Single Payment Scheme – Regulation 1782/2003 – Whether entitlements revert to landlord at end of tenancy – Whether compensation payable in either direction at that time

Single Payment Scheme – Regulation 1782/2003 – Receipt of single farm payment by non-farmer – Whether contractual arrangements are valid which require purchaser to pay over to seller all or part of a payment released by entitlements transferred by seller to purchaser

Single Payment Scheme – Regulation 1782/2003 – Declaration of entire area to support claim against set-aside entitlements

Single Payment Scheme – Council Regulation 1782/2003, art.40 – Hardship – Effect of conditions of ESA agreement on allocation of entitlements
On appeal from HC [2009] EWHC 2946 (Admin)

Single Payment Scheme – Testamentary gift of farming assets – ‘Anticipated inheritance’ – Whether single farm payment entitlements included in gift or in residue

Basic Payment Scheme – Eligibility tests – Interpretation of ‘active farmer’ and ‘land at disposal’ – Case upheld by appeal panel – DAERA rejection of appeal panel recommendation