Intervention Board for Agriculture Produce v McFarland

����������� The Intervention Board for Agricultural Produce ("the Board") is the body which was responsible for administering the Over Thirty Months Slaughter Scheme ("the OTMS scheme") in Northern Ireland and, in these proceedings, it seeks to recover the sum of �95,100, together with interest thereon, from the defendant representing the balance due in respect of advance payments made by the Board to the defendant under the OTMS scheme.

����������� The plaintiff's claim is for �95,100 representing repayment of the sums advanced to the defendant under the APS, together with interest thereon, as invoiced to the defendant on 25 February and 6 October 1997.� In the course of giving their evidence the witnesses on behalf of the plaintiff emphasised that, at all material times, it was made clear to the defendant that any sums received under APS would have to be repaid and, in particular, they relied upon condition 2 of the APS claim form and the paragraph contained in the associated guidance notes headed "Recovery of the Advance".

����������� The plaintiff was represented by Mr Michael Stitt QC and Mr Desmond Marrinan.�

����������� The case on behalf of the defendant was conducted by his son, Alan McFarland, who performed this task with considerable ability and admirable industry.

����������� The defendant did not dispute that he had received the sum of �95,100 by way of payments under APS and accepted that, at all material times, he had appreciated that this was a loan which would have to be repaid in due course.