Farmers and co-op settle action

A legal action by a number of Cork farmers arising from the closure of Midleton mart last year has been settled at the High Court.

Under the terms of settlement, Cork Co-operative Marts Limited (CCML) yesterday agreed to waive, until December 31st, 2006, sellers' commission and entry fees at Fermoy mart regarding sales of sheep by members of the electoral area of Midleton.

Subject to some conditions, it has also waived until December 31st, 2004, sellers' commission for sales of cattle by members of the Midleton electoral area provided those members sold cattle at Midleton mart in 2002.

Midleton mart was closed on December 31st, 2002, and farmers who had used it were advised to move their dealings to Fermoy mart. Forty-four farmers subsequently issued High Court proceedings to compel CCML to maintain a full service at Midleton until an auctioneering and sales centre at Rathcormac, Co Cork, was established.

When the case came before Mr Justice Kearns on Tuesday, it was being pursued by 16 of the 44 farmers. The judge strongly urged the sides to reach an accommodation.

After lengthy and detailed negotiations, Mr Daniel O'Keeffe SC, for the farmers, told the judge the action had been settled and the sides were grateful to the judge for encouraging an amicable settlement.

CCML has also undertaken to use its best endeavours to obtain planning permission for a mart at Rathcormac "as soon as reasonably practicable" and, in the event of such permission being granted, to construct that mart as soon as reasonably practicable. Planning permission for a mart at Rathcormac was refused by An Bord Pleanála earlier this year. CCML also confirmed it was never its intention to prejudice the plaintiff farmers in any way for having taken the proceedings. It also undertook to register five named persons as members of the society and to provide a reference for another plaintiff.

On the basis of the settlement, Mr Justice Kearns struck out the action. He said he would allow one day's costs of the hearing to the plaintiffs but would exclude from that order costs for work relating to quantification of damages. He directed that instruction fees or other fees would not be recoverable. His intention was that the costs would not be disproportionate, the judge said.