Foot and mouth case 'offends law'

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A group of farmers affected by the 2007 outbreak of foot-and-mouth disease have taken their case to the High Court.

The seven farmers are suing the government, the Institute for Animal Health, and Merial Animal Health Ltd - who run the Pirbright laboratory in Surrey.

The defence wants the action to be dismissed because it offended "against all established principles of law".

But the farmers say their claims are "serious, substantial and meritorious".

They believe the case should proceed to trial, claiming the defendants are seriously culpable and that the common law ought to provide them with proper redress.

They add they all suffered significant loss and damage after the virus allegedly leaked out of the drains at the site and infected nearby premises.

But lawyers for the defendants argued in court that the seven suffered "no, or no direct, physical damage" as a result of what happened - or that any damage caused to them was "too remote" from the source of the outbreak.

They say the farmers' claims have "no reasonable grounds" to support them and any losses they suffered were a result of an all-pervading "statutory and regulatory" regime for the control and eradication of foot and mouth disease in Britain.

Restrictions

As soon as the outbreak was discovered, the government imposed measures preventing it being spread, including nationwide restrictions on movement of livestock.

Without admitting liability, IAH and Merial have settled the claims of seven other claimants, who had farms adjacent to or nearby the site and had livestock slaughtered.

But the seven farmers whose herds escaped compulsory slaughter say they suffered severe financial losses as a result of the restrictions put in place to prevent the disease spreading across the land.

Defence QC, Michael Beloff said that this constituted economic damage only, rather than physical damage, and would be beyond the scope of any duty owed by the defendants.

The hearing in London before Mr Justice Tugendhat is expected to last three days.