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Prior to joining our renowned Agricultural team, I had no idea what to expect.
But throughout my six-month seat dealing almost exclusively with contentious work, no two days were dull or the same.
I would help myself to a pear from the fruit bowl in our London office and open my emails never knowing what would land in my inbox that day, only that it might relate (but not be restricted) to:
Breaches of contract and torts
There are times when breaches of contract have occurred and had adverse outcomes, for instance mismanaged fertiliser leading to significant livestock or production losses for a farm. Causation often needs to be established, and we have a wide range of expert contacts in the industry on hand to assist with this.
Landlord and tenant disputes
These can range, for instance landlords and tenants in an agricultural setting might fall out and seek to exit or restructure agreements they previously had in place.
Things may have previously been harmonious between landlord and tenant, but a tenant death changes things, as succession of an agricultural tenancy can become a possibility and a landlord may have alternative plans for the Holding and want to serve, for example, a notice to quit.
We have also dealt with other land related issues, such as squatting and encroaching on another’s land.
Family disputes
Siblings, parents or other family members might fall out over land for a variety of reasons – how it should be farmed, whether the land should be repurposed, or parts of it sold, who should be managing the land or how it should be managed or maintained.
The recent possibility of natural capital opportunities and environmental schemes and the challenges and (business) opportunities that might bring has thrown another spanner into the works. Very often individual family members will have different visions of, for example, a farm’s future and we would be there to help bridge the gap, often through mediation.
Regulatory and Public Law challenges
Individuals and public bodies alike might come under scrutiny for regulatory, public, and environmental law issues. We have a team that specialises in environmental and administrative law issues for example, in relation to waterways, environmental waste, and wildlife preservation.
Partnership and business issues
In the case of partnerships or other agricultural businesses, individual parties may be declared bankrupt, mismanage funds, or simply wish to exit the business. Death of individual members can also create turmoil as the dynamic changes.
We assist with the practicalities of managing those transitions as smoothly as possible, sometimes working cross-departmentally where needed.
General
More broadly and generally, when Agricultural Disputes develop, most often, the dispute will be dealt with in the Civil Courts or the First-Tier Tribunal. Many tasks I have completed have been procedural in nature guided by the Civil Procedure Rules.
Trainee assistance is often varied and will involve tasks such as drafting instructions to counsel, scoping out potential mediators, preparing claims for issuing, reviewing witness statements, assessing costs for court application hearings, and no litigation seat would be complete without the preparation of bundles.
The specialist nature of Agricultural Law means learning every day and nurturing your intellectual curiosity. I was constantly developing new skills and building on my litigation-related competencies which I found very rewarding.
If you have any questions about disputes in the Agriculture Team, please feel free to contact Sophie Uyttenhove.
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