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Must claims have been “outstanding” at May 2006 to gain exemption?

February 2008

The “made pre cut-off” exemption applies only to claims that were in place and not determined at 2 May 2006 (16 May in Wales). This was confirmed by an inspector following reversed advice from Defra which in turn resulted from Leading Counsel’s Opinion obtained by GLPG. That was in the Morchard Bishop case previously reported on this site. Other exemptions, such as the five year test, may be proved at any time.