R (on the application of T and S King (a partnership)) v Secretary of State for Environment, Food and Rural Affairs [2016] EWHC 1692 (Admin), [2016] All ER (D) 55 (Jul)
The Administrative Court allowed a judicial review challenge against the defendant Secretary of State’s decision that the claimant farming partnership had not been entitled to transfer entitlements under the single payment scheme of support to farmers. The arrangements that the partnership had entered into prior to the transfer, which had involved entering into a ten day a year lease of farm land following sale of the partnership’s land, had, on their face, fallen within Art 35 of Council Regulation (EC) 73/2009 as having been artificial, but, in context, had not been contrary to the objective of the scheme pursuant to Art 30.
