R v Minister of Agriculture, Fisheries and Food ex parte Bostock
R v Minister of Agriculture, Fisheries and Food ex parte Bostock
- 1991
- Estates Gazette (1991) 41 EG 129-133(3) .
CA 7 December 1991. The Bostock family had been tenant farmers for three generations on the Cholmondeley Estates. The applicant, B, took over the tenancy in 1962 and had built up the dairy side of the farm. In March 1984 the Minister produced a milk quota system by means of the Dairy Produce Quotas Regulations 1984. The quota issued to B was attached to the farm. The amount of the quota depended on the amount of milk or other produce marketed in earlier years. In March 1985 B retired and surrendered his tenancy. He received no reward for work done on the farm by way of enhancing the milk quota which duly reverted to the landlord. In 1986 the Agriculture Act 1986 was passed which provided for compensation to be paid by the landlord to an outgoing tenant in respect of the added value or part of it accruing to land surrendered. In 1984 there had been rules similar to this, the Milk Supplementary Levy (Outgoers) Scheme which meant that there was created a small lacuna of two years 1984-1
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
COMPENSATION
JUDICIAL REVIEW
LACUNA
MILK QUOTAS
SURRENDER OF TENANCY
CA 7 December 1991. The Bostock family had been tenant farmers for three generations on the Cholmondeley Estates. The applicant, B, took over the tenancy in 1962 and had built up the dairy side of the farm. In March 1984 the Minister produced a milk quota system by means of the Dairy Produce Quotas Regulations 1984. The quota issued to B was attached to the farm. The amount of the quota depended on the amount of milk or other produce marketed in earlier years. In March 1985 B retired and surrendered his tenancy. He received no reward for work done on the farm by way of enhancing the milk quota which duly reverted to the landlord. In 1986 the Agriculture Act 1986 was passed which provided for compensation to be paid by the landlord to an outgoing tenant in respect of the added value or part of it accruing to land surrendered. In 1984 there had been rules similar to this, the Milk Supplementary Levy (Outgoers) Scheme which meant that there was created a small lacuna of two years 1984-1
PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
COMPENSATION
JUDICIAL REVIEW
LACUNA
MILK QUOTAS
SURRENDER OF TENANCY