Crop failure – is there someone to blame? Yorkshire legal firm offers advice to arable farmers

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Published 28th Dec 2022, 00:01 BST
The weather may be beyond our control, but poor equipment, seeds or feed may be the root cause of poor yieldsThe weather may be beyond our control, but poor equipment, seeds or feed may be the root cause of poor yields
The weather may be beyond our control, but poor equipment, seeds or feed may be the root cause of poor yields
David Richardson, senior solicitor at Wilkin Chapman Solicitors in East Yorkshire, looks into what goes wrong when crops fail, and writes about whether farmers have any recourse to compensation.

Crop failures and poor yields are disastrous for arable farmers and in some cases can have grave effects on farming businesses.

In years gone by, witchcraft or curses were often blamed and, while we won’t rule these out, we’ll focus our attention on more likely causes.

Common causes of crop failure

“If you are in a situation where you have a failure or poor yield and think somebody else is at fault, it is important to gather as much information and evidence as possible”“If you are in a situation where you have a failure or poor yield and think somebody else is at fault, it is important to gather as much information and evidence as possible”
“If you are in a situation where you have a failure or poor yield and think somebody else is at fault, it is important to gather as much information and evidence as possible”

Of course, the great British weather is a repeat offender. In 2022 we had a very dry summer, with record temperatures and the driest July since 1935. Although yields are reportedly down, they are better than many feared.

Other potential causes are disease and pests which can cause serious problems and be costly to treat. Poor farming practices, such as planting too late or early in the season, can also contribute.

Poor quality seed, fertiliser or pesticide

While we can’t do anything about poor weather, in certain circumstances there may be someone at fault and it is fair and proper that claims can be made to mitigate loss in that event.

The first place to look is the seed used: Was it of the correct grade, good quality and fit for purpose? Did it have defects, disease or contamination? Was the guidance provided clear and correct? Did it do what it said it would? The same questions can be asked of fertiliser or pesticide.

If the seed, fertiliser or pesticide is faulty, a claim for breach of contract can be considered. While these can be difficult to prove, damages could be claimed for your loss.

Faulty machinery and contamination

You should also consider the machinery used for planting, either yours or that of a contractor, and whether a defect or fault damaged the seed or caused it to be planted incorrectly?

It is always best practice to check machinery before every use. However, if machinery causes a loss in yield then we can consider a breach of contract or negligence claim.

You should check whether there has been contamination of your crop following a leak, spillage or even flooding caused by the failure or inaction of another party. If so, we can seek damages for negligence.

Making things right

If you are in a situation where you have a failure or poor yield and think somebody else is at fault, it is important to gather as much information and evidence as possible and remember to follow any relevant contractual provisions.

For further information please contact David Richardson on 01482 398372, email [email protected] or visit www.wilkinchapman.co.uk/sectors/agriculture-food

Related topics:East Yorkshire