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Welby and Another v Casswell: CA 14 Apr 1995

A farming tenant drew his income from farming despite living off his overdraft on a small return from farming activities. Held: The court should adopt a purposive construction. The right to inherit an agricultural tenancy survived if he worked and was dependant on the farm despite the absence of any profit. Citations: Gazette 03-May-1995, Times … Continue reading Welby and Another v Casswell: CA 14 Apr 1995

Welby and Another v Casswell: QBD 28 Mar 1994

To inherit agricultural tenancy, the tenant applicant must derive all his income from agricultural activities. The term ‘principal source of income’ didn’t include overdraft or outside earnings. Times 01-Apr-1994, Ind Summary 28-Mar-1994 Agricultural Holdings Act 1986 36 England and Wales Citing: Appealed to – Welby and Another v Casswell CA 14-Apr-1995 A farming tenant drew … Continue reading Welby and Another v Casswell: QBD 28 Mar 1994

Fisher and Another v English Nature: Admn 4 Jul 2003

The claimants were trustees of land. The Respondent had notified the Secretary of State that they considered that part of the land satisfied the criteria to be certifed as being of special scientific interest. They now intended to confirm the notification. The claimants said that they could have considered alternative ways of protecting the land … Continue reading Fisher and Another v English Nature: Admn 4 Jul 2003

Lodgepower Ltd v Taylor: CA 22 Oct 2004

The claimant was a tenant of agricultural land. He sought repairs, and served a notice on the executors of the now deceased landlord, but only later were letters of administration granted to the defendants. The judge had found the service of the notice good, because he had no notice of whom the notice could be … Continue reading Lodgepower Ltd v Taylor: CA 22 Oct 2004

Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for a link road as part of its application. Held: The offer of funding for the link … Continue reading Tesco Stores Ltd v Secretary of State for the Environment and Others: HL 11 May 1995

Taylor v Lancashire County Council and others: CA 17 Mar 2005

The tenant occupied his farm under a lease limiting his use of the farm. He was found to be trading in breach of his covenant and a notice to quit was issued and possession sought. He argued that the 1986 Act was discriminatory and inadequate to . .