The Thrings’ nationally renowned Agriculture Team is fully conversant with the Single Farm Payment Scheme (SFP) that was introduced in 2005 - a system that radically changed the system of payments under the Common Agricultural Policy in the United Kingdom.
Indeed, ever since the publication of the draft Regulations in January 2003 and the subsequent implementing provisions produced by DEFRA and the Rural Payments Agency, we have been at the forefront of advising farmers and landowners on the impact of the new scheme and providing practical as well as legal assistance to our clients.
With further reforms to the scheme expected over the next few years, following the CAP Healthcheck and subsequent EU Commission CAP paper in 2010, the team’s in depth knowledge and contacts within the industry should again prove invaluable in advising clients – both in terms of the scheme currently in place as well as seeking to ‘future proof’ new agreements.
We can advise on:
The team’s expertise encompasses both non-contentious and contentious issues. These include dealing with contractual arrangements concerning the sale, transfer or leasing of SFP Entitlements as well as more contentious issues surrounding the imposition of penalties or rejection of applications by the Rural Payments Agency including Stage 1 and Stage 2 Appeals and subsequent judicial review of the Minister’s Decision. The scheme has been beset by administrative difficulties since the outset resulting in delays in payments to farmers and inappropriate penalties being levied.
The team also advise on the various environmental stewardship schemes as well as issues surrounding other schemes.
Some examples of our work:
Drafting bespoke SFP clauses for sale and purchase contracts
Advice relating to the interaction between the SFP and historic contract and tenancy clauses
Preparing tenancy clauses in relation to SFP and Stewardship schemes
Division of Entitlements in relation to partnership disputes
Numerous appeals (Stage 1 and 2) against the RPA
Judicial review of Minister’s Decision overturning Panel’s decision at Stage 2 appeal
Complaint to the Ombudsman in respect of maladministration (excessive delay and imposition of penalties) by the RPA
