The following Property practice note Produced in partnership with Agri Advisor. provides comprehensive and up to date legal information covering:
Brexit: The UK left the EU on 31 January 2020. This has implications for the schemes providing for agricultural subsidies in England and Wales, which will no longer be derived from EU Common Agricultural Policy. We will introduce content to address the new regimes once the legislation (including the Agriculture Bill) has been enacted.
There are a number of different joint venture agreements available providing a variety of options for landowners and farmers. The type of model to use will often depend on several factors. This Practice Note will look at these factors in more detail to help decide which model would be best for the parties.
It is important to note that the various structures available are interchangeable—the parties may start with a licence to occupy so that they have an opportunity to get to know each other before moving on to a partnership or share farming model, which could in turn change to a farm business tenancy if the landowner wanted to retire from farming.
When considering which structure to use, the first consideration should be the aims of the parties. If the landowner wishes to retire completely, partnerships or share farming will clearly not be an option. Likewise, if the young farmer wants complete independence, they are more likely to want a farm business tenancy (FBT). If however both parties
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Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their obligations to each other under that agreement and, in effect, recreate it, with the third party stepping into the shoes of one of the original parties. This is
Produced with input from Rebecca Cousin of Slaughter and May on market practice.This Practice Note summarises the rules and guidance in relation to parties who are, or may be presumed to be, acting in concert for the purposes of The City Code on Takeovers and Mergers (the Code). In particular the
Deceit—what is it?A deceit occurs when a misrepresentation is made with the express intention of defrauding a party, subsequently causing loss to that party.The elements of a claim in deceit are:•a clear false representation of fact or law•fraud by the maker, in the sense that they knew that the
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