Compensation is being provided to farmers following the unnecessary cull of thousands of birds.

Following the outbreak of avian influenza (AI) throughout 2021 and 2022, a recent judicial review went underway to compensate farmers who received misled compensation.

The review was carried out by Jackson Law, against the Animal & Plant Health Agency (APHA).

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Several farmers involved had previously carried out their duties to report to APHA regarding suspected AI among their flocks, resulting in the culling of all birds - healthy or not.

Legislation underlines that farmers are entitled to compensation for all healthy birds culled as a method of reducing the risk of AI spreading.

However, farmers affected by the virus joined in arms as they believed they were not issued enough compensation.

The compensation was meant to be calculated by a count of the number of healthy birds on the date of the reported AI, as opposed to the date they were culled.

APHA is reported to have repeatedly delayed the culling of condemned birds, resulting in many more birds becoming infected, meaning farmers are drawing short of compensation.

Moving forward, a High Court Judge appointed in favour of the farmers and agreed on the responsibility to compensate lies at the point the healthy birds are destined to be culled as opposed to the point they are culled.

The opportunity for other farmers to claim opens as the government debates the amount of compensation to pay back to the seven farmers.

Partner of Jacksons' Law, Toby Joel said: “The judge has recognised they did not receive the amount of compensation to which they were entitled, so as to reflect the number of healthy birds in their flock when the decision is taken for those birds to be culled.

“Instead, compensation had been calculated based on the number of healthy birds at the time of culling, which often involved considerable delays, allowing the disease to spread through the flock in the interim period.

He added the ruling doesn’t end with these seven farmers, as any farmer who claimed compensation for AI in previous years has the right to have their compensation reconsidered.

The claim was made in the first instance to the NFU’s Legal Assistance Scheme, which offered substantial financial assistance to its members during the legal proceedings.

NFU President Minette Batters expressed satisfaction with the High Court judgment, deeming it a "tremendous result" for the members who initiated the legal challenge.

She concluded: “The High Court has made clear that APHA’s AI compensation policy is unlawful, and we now look to the government to rectify this wrong and to pay farmers the compensation to which they are lawfully entitled.”