Agriculture - 1997

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This page lists 15 cases, and was prepared on 02 July 2010.

Regina -v- Ministry of Agriculture Fisheries and Food and Secretary of State for Environment ex parte Monsanto Plc [1997] EWHC Admin 216
4 Mar 1997 Admn	Agriculture
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Samuel Lyle Wallace -v- C Brian Barratt and Son Limited and George William Tudor Lock [1997] EWCA Civ 1281; [1997] EGLR 1
19 Mar 1997 CA	Landlord and Tenant, Agriculture, Arbitration	Casemap 1 Citers
	The court was asked whether the defendant company, which was the tenant under an agricultural tenancy agreement of land comprising arable fields, was in breach of a covenant in the tenancy not to assign, underlet, or part with or share possession or occupation of the whole or any part of the holding by virtue of farming the holding through a partnership. The individual partners were related and held most of the shares in the tenant company. Held: There was no breach of the covenant since, among other things, the partnership activities were carried out as agent for the tenant company.
	Agricultural Holdings (Arbitration on Notice) Order 1987
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Potato Marketing Board -v- Hampden-Smith [1997] EWCA Civ 1308
21 Mar 1997 CA	Agriculture	Casemap 1 Cites
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Potato Marketing Board -v- Hampden-Smith [1997] EWCA Civ 1307
21 Mar 1997 CA	Agriculture	Casemap 1 Citers
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MS and DF Blake and Sons and Secretary of State for Environment and Colchester Borough Council [1997] EWHC Admin 438
2 May 1997 Admn	Planning, Agriculture
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National Trust for Places of Historic Interest Or Natural Beauty -v- Donald Richard Knipe and Richard George Knipe [1997] EWCA Civ 1707; [1998] 1 WLR 230
15 May 1997 CA Pill LJ, Judge LJ	Agriculture, Housing	Casemap 1 Cites 1 Citers
	The tenancy was of an agricultural holding, with protection under the 1986 Act. It had 350 acres of pasture, and two farmhouses. The tenants covenanted not to use the holding for any purpose other than agriculture, to farm it in accordance with the rules of good husbandry and personally to reside in the farmhouses. They fell into arrears of rent; and, having complied with the pre-requisites set by the Act of 1986, the landlords served a notice to quit. Held: A notice to quit an agricultural holding did not need to include the notice of eviction rights required for a domestic tenancy, even though the holding consisted in part of a dwelling. "Premises let as an agricultural holding, even if there is a dwelling upon the holding, do not constitute premises let as a dwelling for the purposes of s 5 of the Act. I accept the submission that the "premises" are the subject matter of the letting, that is the entire acreage, but they are let as an agricultural holding and not as a dwelling. The subject matter of the letting includes a dwelling but I cannot read the section as if it used the expression “premises which include a dwelling” or “any dwelling house let as a part of premises”.However that did not mean that such tenancies had the protection given by the 1977 Act.
	Agricultural Holdings Act 1986 - Protection from Eviction Act 1977 5
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Harries -v- Barclays Bank Plc [1997] EWCA Civ 2115; [1997] 2 EGLR 15
16 Jul 1997 CA	Agriculture, European	1 Citers
	Milk quotas.
	Link[s] omitted

Macon and others -v- Préfet de l'Aisne (Rec 1997,p I-5429) (Judgment) C-152/95; [1997] EUECJ C-152/95
9 Oct 1997 ECJ	European, Agriculture
	Europa Additional levy on milk - Reference quantity - Application for a grant of compensation for definitive discontinuation of milk production - Refusal.
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Regina v Ministry of Agriculture, Fisheries and Food, ex parte: Benjamin Lay, Donald Gage and David Gage (Judgment) Case C-165/95
16 Oct 1997 ECJ	European, Agriculture
	Europa Agriculture - Common organization of the markets - Milk and milk products -Additional levy on milk - Allocation of reference quantities exempt from the levy - Producers having suspended deliveries under the system of premiums for non-marketing or conversion - Grant of a special reference quantity -Transfer of part of a mixed holding - Apportionment of the special reference quantity in proportion to the part of the holding given over to milk production at the time when the non-marketing undertaking was entered into (Council Regulations No 1078/77 and No 2055/93, Arts 1(2) and 2) Articles 1(2) and 2 of Regulation No 2055/93, which introduced, under the additional milk levy system, rules for calculating the special reference quantity where part of a holding is transferred, must be interpreted as meaning that, where part of a mixed holding is transferred, the reference quantity must be apportioned between the transferor and transferee, or allocated to the transferee, in proportion to the part of the holding directly or indirectly given over to dairy production at the time when the non-marketing undertaking was entered into pursuant to Regulation No 1078/77, and not in proportion to the total area of the holding.
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Clydesdale Bank plc -v- Davidson and Others (Scotland) Clydesdale Bank plc -v- Davidson and Others [1997] UKHL 55
16 Oct 1997 HL Lord Goff of Chieveley, Lord Jauncey of Tullichettle, Lord Lloyd of Berwick, Lord Hope of Craighead, Lord Clyde	Landlord and Tenant, Scotland, Agriculture, Contract	Casemap 1 Cites 1 Citers
	(Scotland) Joint pro indiviso proprietors of land were not able at law to create a binding lease in favour of one of their number, so as to defeat the proper claims of a third party. A person cannot enter into a contract with himself. Held: The appellant was not able to assert his rights as an agricultural tenant so as to defeat the rights of the bank as mortgagee.
	Agricultural Holdings (Scotland) Act 1991
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Regina -v- Dorchester Crown Court ex parte Mihai Marchis [1997] EWHC Admin 911
22 Oct 1997 Admn	Crime, Agriculture
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Regina -v- Ministry of Agriculture, Fisheries and Food ex parte Tr and P Fisher [1997] EWHC Admin 923
24 Oct 1997 Admn	Agriculture
	[ Bailii ]

Regina -v- Leominster District Council ex parte Patricia Pothecary [1997] EWCA Civ 2585; [1998] JPL 335; [1997] 76 P&CR 346
28 Oct 1997 CA Schiemann LJ, Robert Walker LJ	Planning, Planning, Planning, Agriculture	Casemap 1 Cites 1 Citers
	A building was erected without planning permission. The LPA chose not to serve an enforcement notice but rather had invited an application for retrospective planning permission. Held: The fact that a building has already been constructed before planning permission is sought might lawfully be regarded as a consideration in favour of a permission which would not otherwise have been granted. Whether a proposed development complies with the local planning policy is a matter for the Local Authority, not a matter of law for the courts to decide. It was not unlawful for a planning authority to allow for likelihood of enforcement action when deciding on a retrospective planning application. The Inspector was entitled to adopt the process of analysis which seemed to him to be appropriate to the circumstances of the case.
	Town and Country Planning Act 1990
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Calcott -v- J S Bloor [1997] EWCA Civ 2580
28 Oct 1997 CA	Agriculture
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Crewe Services and Investment Corporation -v- Gerald Edward Silk [1997] EWCA Civ 2872; [1998] 35 EG 81
2 Dec 1997 CA Lord Woolf MR, Millett and Robert Walker LJJ	Agriculture, Landlord and Tenant, Damages	Casemap 1 Citers
	The landlord brought proceedings against the tenant for failure to keep his tenanted farm in a good state of repair. The judge awarded the cost of the landlord doing the repairs himself, making no discount for the possibility that the tenant might in fact remedy the breaches before the end of the tenancy. The tenant appealed. Held: Since the tenant might decide to repair himself during the term and there was no evidence before the trial judge of the Court of Appeal that the landlord intended to carry out any works of repair at all, the costs of the repairs might be regarded as being a starting point. The court discounted these for the uncertainties as to whether the work would be done. The diminution in the value of a reversion for a tenant's failure to repair is not represented by the undiscounted cost of repair where the tenancy's duration is not uncertain. The court gave guidance on what the court should do in the circumstances where the evidential material as to loss is less than ideal.
	Agricultural Holdings Act 1986 - Landlord and Tenant Act 1927 18(1)
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