Natural England knows best?

B

br jones

Member
JP1 said:
Yes that's also the gift that now keeps giving

C4 News exposing a video last night proving Paula Vennells knew all along about the software issues
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she should go to f###ing prison ,be stripped of all pension ,and pay back all bonuses etc ,
and as for that w. anker of a barrister ,changing peoples statements as they would of shown the post office in the wriong light ,f###ing crooks the lot of them ,
NE as bad or worse
 
H

Huno

Member
Arable Farmer
br jones said:
she should go to f###ing prison ,be stripped of all pension ,and pay back all bonuses etc ,
and as for that w. anker of a barrister ,changing peoples statements as they would of shown the post office in the wriong light ,f###ing crooks the lot of them ,
NE as bad or worse
Click to expand...
I strongly agree... fair call
 
steveR

steveR

Member
Mixed Farmer
Location
Gods own County, Shropshire of course
ajcc said:
HOT NEWS. . . Judge has refused NE injunction application against my farm as NE do not have the backing of Parliament for their current behavioural stance .
It is official. . . NE are acting beyond their statutory powers in this long running case.
Click to expand...
Excellent news to receive Andrew.

A vindication for your long and difficult struggle. (y)
 
steveR

steveR

Member
Mixed Farmer
Location
Gods own County, Shropshire of course
br jones said:
she should go to f###ing prison ,be stripped of all pension ,and pay back all bonuses etc ,
and as for that w. anker of a barrister ,changing peoples statements as they would of shown the post office in the wriong light ,f###ing crooks the lot of them ,
Click to expand...
Disgusting behaviour and she needs to pay for her criminal actions, and it's to be hoped that the Barrister gets hauled over the coals as well.
 
Kidds

Kidds

Member
Horticulture
Location
Near Beeston Castle
ajcc said:
HOT NEWS. . . Judge has refused NE injunction application against my farm as NE do not have the backing of Parliament for their current behavioural stance .
It is official. . . NE are acting beyond their statutory powers in this long running case.
Click to expand...
I have wished you luck before but would like to again.
I really hope you get some sort of sensible conclusion in your favour and for this nightmare to be over.
 
ajcc

ajcc

Member
Livestock Farmer
Location
N.Devon 45 miles (most) by boat from Walter.
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Croyde Hoe Farm, Devon


NEWS

Judge clips Natural England’s legal wings in case against Devon farmer​

By Charlie Moloney5 April 2024
Natural England does not have the power to sue for an injunction, despite the quango’s attempt to equate its powers with those of the Solicitors Regulation Authority, a judge has found.
The judge was ruling in a case brought by Natural England against a Devon farmer, Andrew Cooper, over a 67-hectare farm owned by the National Trust (pictured above). The non-departmental public body, which is the government’s adviser on the natural environment, said Cooper’s farming could be harmful to archaeological features of national significance.
PARTNERSHIP

The quango brought criminal proceedings against Cooper for failing to comply with a stop notice it served on him. Cooper admitted the offence at Exeter Crown Court in 2021 and was fined £7,500.
Natural England claimed Cooper nevertheless proceeded to plough the fields in 2021 and 2022. It asked the High Court to impose an injunction so that if Cooper continued to work the land he could face imprisonment for contempt.
Heather Andersen, on behalf of the body, said that the High Court had previously granted the SRA an injunction against former solicitor Soophia Khan. In that case Mr Justice Fancourt concluded that the SRA had standing to seek injunctions. Andersen said the court should therefore recognise Natural England’s standing.
ADVERT

But His Honour Judge Jonathan Russen KC concluded this week that Natural England did not have that power. He pointed out that, under the powers delegated to it by the Law Society, the SRA clearly has standing to apply to the High Court following an intervention in a solicitor’s practice.
Natural England’s powers come from the Environment Impact Assessment (Agriculture) (England) (No. 2) Regulations, which gives it a power to bring criminal proceedings.
‘The commencement of civil proceedings cannot be regarded as incidental to NE’s function as prosecutor of offences under the 2006 Regulations,’ the judge said. He concluded that the claim by Natural England for injunctive relief ‘fails on the ground that NE does not have the power and standing to bring it’.
ADVERT


The judge noted Natural England is not ‘entirely powerless’, as it can ask the attorney general to lend her name to a relator action.








3 Readers' comments​

 
steveR

steveR

Member
Mixed Farmer
Location
Gods own County, Shropshire of course
ajcc said:
£144,000 of tax payers money, their legal spend on this civil case . . . . . . so far.
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I would have thought that the sum you give above is probably a modest % on the total sum of money spent by NE since 2012.... Madness!

I have followed your trials and tribulation with interest and some relief, as I snuck in under the radar of NE in 2011 when I reverted land back to arable (quite properly) from reversion grassland dating from an earlier CS agreement.
 
onthehoof

onthehoof

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Mixed Farmer
Location
Cambs
ajcc said:
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Croyde Hoe Farm, Devon


NEWS

Judge clips Natural England’s legal wings in case against Devon farmer​

By Charlie Moloney5 April 2024
Natural England does not have the power to sue for an injunction, despite the quango’s attempt to equate its powers with those of the Solicitors Regulation Authority, a judge has found.
The judge was ruling in a case brought by Natural England against a Devon farmer, Andrew Cooper, over a 67-hectare farm owned by the National Trust (pictured above). The non-departmental public body, which is the government’s adviser on the natural environment, said Cooper’s farming could be harmful to archaeological features of national significance.
PARTNERSHIP

The quango brought criminal proceedings against Cooper for failing to comply with a stop notice it served on him. Cooper admitted the offence at Exeter Crown Court in 2021 and was fined £7,500.
Natural England claimed Cooper nevertheless proceeded to plough the fields in 2021 and 2022. It asked the High Court to impose an injunction so that if Cooper continued to work the land he could face imprisonment for contempt.
Heather Andersen, on behalf of the body, said that the High Court had previously granted the SRA an injunction against former solicitor Soophia Khan. In that case Mr Justice Fancourt concluded that the SRA had standing to seek injunctions. Andersen said the court should therefore recognise Natural England’s standing.
ADVERT

But His Honour Judge Jonathan Russen KC concluded this week that Natural England did not have that power. He pointed out that, under the powers delegated to it by the Law Society, the SRA clearly has standing to apply to the High Court following an intervention in a solicitor’s practice.
Natural England’s powers come from the Environment Impact Assessment (Agriculture) (England) (No. 2) Regulations, which gives it a power to bring criminal proceedings.
‘The commencement of civil proceedings cannot be regarded as incidental to NE’s function as prosecutor of offences under the 2006 Regulations,’ the judge said. He concluded that the claim by Natural England for injunctive relief ‘fails on the ground that NE does not have the power and standing to bring it’.
ADVERT


The judge noted Natural England is not ‘entirely powerless’, as it can ask the attorney general to lend her name to a relator action.








3 Readers' comments​

Click to expand...
What does this mean for you and your farm going forward, is it all over or do you still have proceedings to come, can you claim back your legal costs
 
Jimdog1

Jimdog1

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Mixed Farmer
Location
Devon
ajcc said:
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Croyde Hoe Farm, Devon


NEWS

Judge clips Natural England’s legal wings in case against Devon farmer​

By Charlie Moloney5 April 2024
Natural England does not have the power to sue for an injunction, despite the quango’s attempt to equate its powers with those of the Solicitors Regulation Authority, a judge has found.
The judge was ruling in a case brought by Natural England against a Devon farmer, Andrew Cooper, over a 67-hectare farm owned by the National Trust (pictured above). The non-departmental public body, which is the government’s adviser on the natural environment, said Cooper’s farming could be harmful to archaeological features of national significance.
PARTNERSHIP

The quango brought criminal proceedings against Cooper for failing to comply with a stop notice it served on him. Cooper admitted the offence at Exeter Crown Court in 2021 and was fined £7,500.
Natural England claimed Cooper nevertheless proceeded to plough the fields in 2021 and 2022. It asked the High Court to impose an injunction so that if Cooper continued to work the land he could face imprisonment for contempt.
Heather Andersen, on behalf of the body, said that the High Court had previously granted the SRA an injunction against former solicitor Soophia Khan. In that case Mr Justice Fancourt concluded that the SRA had standing to seek injunctions. Andersen said the court should therefore recognise Natural England’s standing.
ADVERT

But His Honour Judge Jonathan Russen KC concluded this week that Natural England did not have that power. He pointed out that, under the powers delegated to it by the Law Society, the SRA clearly has standing to apply to the High Court following an intervention in a solicitor’s practice.
Natural England’s powers come from the Environment Impact Assessment (Agriculture) (England) (No. 2) Regulations, which gives it a power to bring criminal proceedings.
‘The commencement of civil proceedings cannot be regarded as incidental to NE’s function as prosecutor of offences under the 2006 Regulations,’ the judge said. He concluded that the claim by Natural England for injunctive relief ‘fails on the ground that NE does not have the power and standing to bring it’.
ADVERT


The judge noted Natural England is not ‘entirely powerless’, as it can ask the attorney general to lend her name to a relator action.








3 Readers' comments​

Click to expand...
As always I take my hat off to you. I'm glad that this has gone your way . Always easy for these organisations to pick on the little guy. Total arrogance. 👍
 
H

Huno

Member
Arable Farmer
ajcc said:
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Croyde Hoe Farm, Devon


NEWS

Judge clips Natural England’s legal wings in case against Devon farmer​

By Charlie Moloney5 April 2024
Natural England does not have the power to sue for an injunction, despite the quango’s attempt to equate its powers with those of the Solicitors Regulation Authority, a judge has found.
The judge was ruling in a case brought by Natural England against a Devon farmer, Andrew Cooper, over a 67-hectare farm owned by the National Trust (pictured above). The non-departmental public body, which is the government’s adviser on the natural environment, said Cooper’s farming could be harmful to archaeological features of national significance.
PARTNERSHIP

The quango brought criminal proceedings against Cooper for failing to comply with a stop notice it served on him. Cooper admitted the offence at Exeter Crown Court in 2021 and was fined £7,500.
Natural England claimed Cooper nevertheless proceeded to plough the fields in 2021 and 2022. It asked the High Court to impose an injunction so that if Cooper continued to work the land he could face imprisonment for contempt.
Heather Andersen, on behalf of the body, said that the High Court had previously granted the SRA an injunction against former solicitor Soophia Khan. In that case Mr Justice Fancourt concluded that the SRA had standing to seek injunctions. Andersen said the court should therefore recognise Natural England’s standing.
ADVERT

But His Honour Judge Jonathan Russen KC concluded this week that Natural England did not have that power. He pointed out that, under the powers delegated to it by the Law Society, the SRA clearly has standing to apply to the High Court following an intervention in a solicitor’s practice.
Natural England’s powers come from the Environment Impact Assessment (Agriculture) (England) (No. 2) Regulations, which gives it a power to bring criminal proceedings.
‘The commencement of civil proceedings cannot be regarded as incidental to NE’s function as prosecutor of offences under the 2006 Regulations,’ the judge said. He concluded that the claim by Natural England for injunctive relief ‘fails on the ground that NE does not have the power and standing to bring it’.
ADVERT


The judge noted Natural England is not ‘entirely powerless’, as it can ask the attorney general to lend her name to a relator action.








3 Readers' comments​

Click to expand...
NE can ask Victoria Prentis ex DEFRA minister and current Attourney General who claims to be a farmer for her intervention but luckily she was unavailable for comment as it is an election year
Glad you are free @ajcc.. open that brandy now🤘
 
Last edited:
ajcc

ajcc

Member
Livestock Farmer
Location
N.Devon 45 miles (most) by boat from Walter.
Huno said:
NE can ask Victoria Prentis ex DEFRA minister and current Attourney General who claims to be a farmer for her intervention but luckily she was unavailable for comment as it is an election year and she is counting the SFI cash on her family Oxfordshire estate???
Glad you are free @ajcc.. open that brandy now🤘
Click to expand...
Cheers for that!!! but never underestimate thine enemy.
Sadly as some of us know to our cost. NE are not in reality the “friend of farming ,or nature, or rural life, or rural landscapes that they like to portray as their public persona .
To get bad law, you just need good men to do nothing. . . that is why “NE knows best.”
 
slackjawedyokel

slackjawedyokel

Member
Mixed Farmer
Location
Northumberland
ajcc said:
Cheers for that!!! but never underestimate thine enemy.
Sadly as some of us know to our cost. NE are not in reality the “friend of farming ,or nature, or rural life, or rural landscapes that they like to portray as their public persona .
To get bad law, you just need good men to do nothing. . . that is why “NE knows best.”
Click to expand...
I suppose also it’s easy to bring expensive legal action when you’re using other people’s money to do so.

Congratulations on the outcome this week 🥳
 
H

Huno

Member
Arable Farmer
renewablejohn said:
Unfortunately I see NE as bad losers so dont be surprised to find criminal procedures coming through your letter box.
Click to expand...
Really? And what are they going to lock him up for burning biomass illegally? I dont think so.. He is home dry now thankfully and set case law for everyone else.. Well done...
 

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