Shirley and others v Crabtree [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 1532, [2007] PLSCS 139, 27 June 2007. The appellants (S) appealed against a decision that the respondent (C) was entitled to take on the tenancy of an agricultural holding upon her father's retirement. The Agricultural Lands Tribunal had found that as required by section 57 of the Agricultural Holdings Act, C had derived her principal source of livelihood from the holding for five of the last seven years. The tribunal made this judgment based on the seven year period ending at the date of C's father's retirement notice. S argued that C also had to fulfil this requirement in the seven years up to the date of the hearing. They relied upon section 53(5) of the Act's statement that S should have "not subsequently ceased to be such a person". "Held": Section 50(2)(a) of the Act could only be taken to mean that the seven year period should end upon the date of retirement notice. Nothing in the section indicated that eligibility by livelihood, once attained, could be lost. S's proposals would cause considerable confusion in cases where hearings were held after a considerable delay following a retirement notice. Appeal dismissed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 141362-1001 |
[2007] EWHC 1532, [2007] PLSCS 139, 27 June 2007. The appellants (S) appealed against a decision that the respondent (C) was entitled to take on the tenancy of an agricultural holding upon her father's retirement. The Agricultural Lands Tribunal had found that as required by section 57 of the Agricultural Holdings Act, C had derived her principal source of livelihood from the holding for five of the last seven years. The tribunal made this judgment based on the seven year period ending at the date of C's father's retirement notice. S argued that C also had to fulfil this requirement in the seven years up to the date of the hearing. They relied upon section 53(5) of the Act's statement that S should have "not subsequently ceased to be such a person". "Held": Section 50(2)(a) of the Act could only be taken to mean that the seven year period should end upon the date of retirement notice. Nothing in the section indicated that eligibility by livelihood, once attained, could be lost. S's proposals would cause considerable confusion in cases where hearings were held after a considerable delay following a retirement notice. Appeal dismissed.