A judicial review between Ulster Farmers’ Union (UFU) president Ian Marshall, the Northern Ireland Environment Agency (NIEA) and the Department of Agriculture and Rural Development (DARD) is allowed to proceed following a hearing at Belfast High Court yesterday.

The case surrounds a pollution incident in a waterway which originated from Marshall’s farm near Markethill, Co Armagh, resulting in penalties to his CAP payment.

The UFU said that NIEA and DARD ignored the views of the independent external appeal panel when they considered the case a negligent, rather than intentional, breach. The case surrounds the use of the word “intent” in the cross-compliance breaches, as it resulted in a higher level of penalty.

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’No acceptable level of pollution’

“It is not about pollution or indeed the scale of the incident. We accept that there is no acceptable level of pollution,” said UFU chief executive Wesley Aston.

He maintained that the UFU was not taking the judicial review because it involves the current president, but because it is the best example to challenge a case of this sort following a number of similar cases in the past.

A review meeting on preparation progress and the judicial review has been scheduled for 7 April at Belfast High Court.