Herbert George Snell et al. v. Robert Young and Co Limited et al.

A2/2002/0283QBENI
No description
Final judgment
United States

Farmers
Herbert George Snell, Paul Cooper, Evan Owen Jones, others
Company, Robert Young and Co Limited
No description

Civil court
Class action
Organophosphate
Damages "in respect of organophosphate poisoning resulting from exposure to organophosphate products used in sheep dipping"
Court of Appeal (Civil Division) On Appeal from the High Court Of Justice Queen’s Bench Division., United States
No description

November 21, 2002
Negative
The Court of Appeal of the High Court of Justice confirmed that a group of farmers who had formed a collective action and were unsuccessful in that action, could not bring individual claims on the same subject, namely a claim for compensation for poisoning following exposure to pesticides.

On November 21, 2002, the Court of Appeal of the High Court of Justice confirmed that a group of farmers who had formed a class action and been unsuccessful in that action could not bring individual claims on the same subject, namely a claim for compensation for poisoning caused by exposure to pesticides.

The plaintiffs, agricultural producers grouped together in a class action, were exposed to and poisoned by organophosphate pesticides used in "sheep dipping", a technique whereby sheep are dipped in an insecticide solution to eliminate parasites.

After their claims for damages were initially rejected in a decision dated July 31, 2001, the plaintiffs appealed. In this first decision, the Court held that the class action had "no chance of success" for the plaintiffs.

The case was also dismissed on appeal: Justice Morland J. concluded that, since the class action had been declared inadmissible, it was not logical to allow the individual claims to continue, as the plaintiffs had requested, on the grounds that this would constitute an abuse of rights. In its ruling of November 21, 2002, the Court of Appeal of the High Court of Justice confirmed this approach.