Category: agricultural holdings

A view from the Bar: Agricultural Landlord and Tenant Code of Practice for England – practical considerations for litigators – Tanfield Chambers

Posted June 20th, 2024 in agricultural holdings, chambers articles, codes of practice, landlord & tenant, news by sally

‘The Agricultural Landlord and Tenant Code of Practice for England was launched on the 8 April 2024, and has been endorsed by numerous organisations across the agricultural sector. Whilst the Code will be of interest to all of those involved with agricultural tenancies, this article, written by Annie Higgo, focuses in particular on the predicted areas of impact that the Code will have for litigators.’

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Tanfield Chambers, 20th May 2024

Source: www.tanfieldchambers.co.uk

Farming disputes and proprietary estoppel: Gee v Gee – Family Law

Posted July 5th, 2018 in agricultural holdings, appeals, estoppel, evidence, families, news, witnesses by tracey

‘In recent years there has been a procession of farming proprietary estoppel cases, the most famous of which was probably Davies v Davies [2016] EWCA Civ 463, [2017] 1 FLR 1286 with the claimant in that case capturing the media’s attention as the “Cowshed Cinderella”. On 11 June 2018 Mr Justice Birss, sitting in Bristol, handed down judgment on the latest, the case of Gee v Gee & Anor [2018] EWHC 1393 (Ch), [2018] All ER (D) 58 (Jun).’

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Family Law, 4th July 2018

Source: www.familylaw.co.uk

Ruff justice: police want to set up dog DNA database – The Guardian

Posted February 22nd, 2018 in agricultural holdings, animals, DNA, dogs, news by sally

‘Police want to set up a database of dog DNA to help them catch animals responsible for attacks on livestock.’

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The Guardian, 21st February 2018

Source: www.theguardian.com

‘Or’, ‘Or’ or ‘Or’: Construction of alternative notice provisions in a lease – Hardwicke Chambers

Posted July 5th, 2017 in agricultural holdings, appeals, interpretation, landlord & tenant, leases, legal language, news, notification by sally

‘Earlier this year in the US, a legal case revolved around the use of an Oxford comma. Not to be outdone, last month the Court of Appeal in England & Wales had to determine the meaning of the word ‘or’; in doing so, they embarked upon a semantic analysis of one of the most common words in the English language, flavoured by the Supreme Court’s most recent case on construction of contracts.’

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Hardwicke Chambers, 15th June 2017

Source: www.hardwicke.co.uk

Field Reports: Kingsbridge Pension Fund Trust v David Michael Downs – Tanfield Chambers

Posted July 5th, 2017 in abuse of process, agricultural holdings, appeals, disclosure, jurisdiction, landlord & tenant, news, retirement, statutory interpretation, succession, tribunals by sally

‘The Upper Tribunal (Lands Chamber) has held that, in determining whether a person is eligible to apply for a new tenancy on retirement of a tenant under the Agricultural Holdings Act 1986, the livelihood condition need only be satisfied in the 7 year period running up to the date when the retirement notice was given, and not in the 7 year period preceding the determination of the application by the Tribunal.’

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Tanfield Chambers, 4th July 2017

Source: www.tanfieldchambers.co.uk

Farm worker caught on camera brutally attacking newborn calf blames violence on break-up from girlfriend – Daily Telegraph

Posted April 27th, 2017 in agricultural holdings, animal cruelty, closed circuit television, costs, news by sally

‘A young farm worker who threw a newborn calf to the floor and repeatedly stamped on it before kicking its mother in the head blamed his behaviour on breaking up with his girlfriend months earlier.’

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Daily Telegraph, 26th April 2017

Source: www.telegraph.co.uk

Eirian Davies wins £1.3m of family farm in Carmarthenshire – BBC News

Posted February 26th, 2015 in agricultural holdings, compensation, employment, families, news, wills by sally

‘A farmer’s daughter has won £1.3m after working on her parents’ farm for nothing as a teenager while her sisters were having fun.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

Property tribunals combine in new first-tier chamber – Law Society’s Gazette

Posted July 2nd, 2013 in agricultural holdings, landlord & tenant, leases, news, rent, tribunals by sally

“A new consolidated property tribunal came into existence today with a single set of procedural rules aimed at simplifying the process.”

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Law Society’s Gazette, 1st July 2013

Source: www.lawgazette.co.uk

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) – Supreme Court

Posted April 25th, 2013 in agricultural holdings, declarations of incompatibility, landlord & tenant, law reports, partnerships, Supreme Court by sally

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) [2013] UKSC 22 | UKSC 2012/0111 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

Posted April 24th, 2013 in agricultural holdings, declarations of incompatibility, human rights, landlord & tenant, news, partnerships, retrospectivity, Scotland, Supreme Court by sally

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

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UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Legal action launched over Godstone Farm E. coli twins – BBC News

Posted June 18th, 2010 in agricultural holdings, damages, health & safety, news, personal injuries by sally

“The Kent mother of twins who were ill with E. coli in an outbreak in Surrey last year is suing the petting farm where her children became infected.”

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BBC News, 18th June 2010

Source: www.bbc.co.uk

Children’s petting farms face tough new rules – The Independent

Posted June 18th, 2010 in agricultural holdings, children, health & safety, news, reports by sally

“There should be no ban on children petting animals on farms but more must be done to protect them from infection, an inquiry has concluded.”

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The Independent, 16th June 2010

Source: www.independent.co.uk

Farm parents launch legal action – BBC News

Posted June 14th, 2010 in agricultural holdings, class actions, damages, health & safety, news, personal injuries by sally

“Lawyers representing 28 victims of last year’s E. coli outbreak at Godstone farm in Surrey are preparing to demand ‘substantial’ damages in a group legal action.”

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BBC News, 11th June 2010

Source: www.bbc.co.uk

Shirley and Others v. Crabtree – Times Law Reports

Posted July 30th, 2007 in agricultural holdings, law reports, succession by sally

Livelihood condition for succeeding tenant

Shirley and Others v Crabtree

Queen’s Bench Division

“On an application by a nominated successor for a direction that she became the tenant of an agricultural holding, she did not have to satisfy the livelihood condition by reference to five of the seven years ending with the date of the tribunal hearing as well as by reference to the date of the retirement notice.”

The Times, 30th July 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.