The Emerald Meats case concerns entitlements to licences for the import of beef into the EU under special arrangements in 1990.
As far as damages are concerned, the High Court awarded Emerald Meats economic damages of more than £400,000 in respect of profits foregone by the company as a result of the Department's decision. This amount was paid in full and without delay by the Department to Emerald Meats in 1992.
As far as the legal costs of Emerald Meats are concerned, the courts ruled that these costs should be shared between my Department and the meat processors. These have been paid to Emerald Meats. The legal costs deemed appropriate to my Department amounted to approximately £342,000. In line with the ruling of the court, my Department has recovered all of the meat processors' share of the legal costs with the exception of £9,600. I have asked the Chief State Solicitor's office to commence legal proceedings to secure payment of the outstanding amount.
In its March 1997 decision, the supreme court gave leave to Emerald Meats to seek general damages and referred this issue back to the High Court for determination. There is no agreement on the amount of general damages due to Emerald Meats. While Emerald Meats have offered to settle the case for £7.5 million in a short half page letter to the Chief State Solicitor's office in January 1998, the company has not submitted a substantiated Statement of Claim. My Department has been advised both by the CSSO and legal counsel that it should only consider offers for settlement based on a substantiated Statement of Claim. This remains the position. As far as the claim itself is concerned, it has not been substantiated despite the lapse of two and half years since the judgment of the Supreme Court in March 1997. This claim also has to be seen in the context where the rights to the licences were fully restored to Emerald Meats from 1991onwards and for which the company was fully compensated in 1992 for the only year in which it was without the licences in dispute, that is 1990. There has also been the suggestion that, with added interest, the claim could now amount to substantially more. I am advised by the Office of the Attorney General that the award of interest is not automatic in this situation and any consideration of this could only take place in the context of a substantiated Statement of Claim and even then it would be at the discretion of the judge.