2017-07-31 |
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Commoners Win Major Legal SPS Challenge
The NFU has welcomed news that top-up payments - totalling millions of pounds - will be paid to eligible commoners in the next few days as a result of a major legal win.
Previously the RPA denied active commoners (i.e. farmers) the ability to claim for all the farmed area of a common, reserving proportions of the land for other commons right holders who were often not farmers.
The challenge was started by Minchinhampton and Rodborough commoners in 2014. The case was supported by the NFU’s Legal Assistance Scheme (LAS) throughout and the members have been advised by Loxley Solicitors.
Peter Gardiner for the Minchinhampton and Rodborough Commoners
said:
“It is really good news that it looks like our claim will
be finally settled, though ‘the ink is not yet dry’. The extra
money will make a big difference to the management of our commons
and we hope it will have a similar effect elsewhere. It has been
a long and bumpy track since 2005 when this all started and we
would never have made it without the support of NFU, the Legal
Assistance Scheme and Loxley Solicitors.”
NFU LAS chairman Trevor Foss, said:
“It is great news that our
members are finally going to be paid after a long battle fought
by the NFU and supported by its Legal Assistance Scheme funding,
without which our members would not have been able to take on this
case. This highlights once again the strength of the NFU and its
LAS and also the need for Farmer and Grower members to ensure they
are in fact paying the extra £33 for their LAS subscription in
order to benefit from this unique Scheme which offers real value
for money.”
NFU Vice President Guy
Smith said:
“These payments have been long
in coming and it is pleasing to see they are now being made to eligible
commoners. It starts to tick off one of the many outstanding issues
that remain on our RPA ‘to do list’. We look forward to the RPA completing
their retrospective commons work for BPS, ideally ahead to the 2017
payment window opening on 1 December, so that we see commoners being
paid correctly what they are due alongside all other categories of
claimant later this year.”
The NFU
Uplands Forum said:
“There have been many challenges faced
by commoners and in particular those in the uplands over the last
18 months, initially being paid last for 2015, then earlier payments
for 2016, but then correction payments being issued for many for
2015, 2016. Many commoners have had a lot to cope with, so news that
the RPA is adjusting historic payments as a result of this legal
challenge now is welcome. This will help commoners, especially in
the uplands at a time when farming is under financial pressures.”
