Court strikes out rent claim from landowner of Eglwysilan Common

The owner of Eglwysilan Common has had a legal bid to force payment from a farmer grazing the land thrown out of court.

Landowners Elwynd Properties Ltd, owned by David Terence Jones, had sought back-dated “rent” from James Tamplin and his family, who have grazed livestock on the common for a number of years.

Mr Tamplin, represented by JCP Solicitors and supported by NFU Cymru and its legal assistance scheme, had robustly defended the claim against him.
However, the case was thrown out recently by Cardiff County Court.

The court had ordered the owner to submit a detailed claim form setting out the reasons why he believed he was owed money. When he failed to do this, the claim was struck out.

NFU Cymru Director John Mercer said: “The case is an important example of how an individual commoner, supported by NFU Cymru and its legal panel firm, can tackle a worrying, albeit misconceived, challenge to the validity of common rights, which are a critical part of Welsh agriculture.

“NFU Cymru supported this case on behalf of Welsh agriculture, and we are delighted at the outcome, not only for Mr Tamplin, but on behalf of all commoners across Wales who were understandably concerned about the potential wider implications of this case.”

It was always Mr Tamplin’s case that the claim against him was absurd; the claimant failed to abide by the Order of the Court and, as such, the claim has been struck out, and an order for costs has been made against the claimant.

Mr Tamplin said: “I am delighted with the outcome of this case which was stressful for both my family and I. We are very grateful to NFU Cymru, the legal assistance scheme and JCP solicitors, since we could not have faced this without their support. This has clearly highlighted for us the benefits of being a member of NFU Cymru.”