Farmers facing higher costs as a result of restrictions imposed under the foot-and-mouth outbreak could sue the government or Merial if either was found to have been the source of the outbreak.

Christopher Findley, partner at Bircham Dyson Bell, said if the government’s Institute for Animal Health was found to be responsible for the outbreak, claimants could take the government to court for breach of its statutory duty. If Merial, the animal health company that owns the other laboratory at the Pirbright site, were proved to be the source of the virus, it could be sued for negligence or nuisance.