Grounds v Attorney-General of the Duchy of Lancaster and Another
Language: English Series: Estates Gazette ; (1989) 21 EG 73-81(5)Publication details: 1989Subject(s): Summary: CA 20 April 1989. Appeal by landlords (D) from cc decision remitting an arbitrator`s (A) award and from cc judge`s direction as to the calculation of standard milk quota for a dairy farm occupied by the outgoing tenant (G). A dispute arose as to the amount of compensation payable to G at the end of the tenancy. The main point was whether additional milk production attributable to feeding concentrates should be excluded in calculating standard quota. A had decided that it was correct to include the effect of concentrates in accordance with normal farming practice. However, on D`s application to cc to set aside A`s award, cc judge decided to remit the award to A, with a direction that assessment of standard quota should exclude additional production generated by feeding concentrates. D appealed to CA. G contended that as a matter of law, exclusion in the Agriculture Act 1986 Sched 1 para 6(5) of "land used for growing cereal crops in the form of loose grain" meant that in calculating "| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40984 (Browse shelf(Opens below)) | 1 | Available | 27318-1001 |
CA 20 April 1989. Appeal by landlords (D) from cc decision remitting an arbitrator`s (A) award and from cc judge`s direction as to the calculation of standard milk quota for a dairy farm occupied by the outgoing tenant (G). A dispute arose as to the amount of compensation payable to G at the end of the tenancy. The main point was whether additional milk production attributable to feeding concentrates should be excluded in calculating standard quota. A had decided that it was correct to include the effect of concentrates in accordance with normal farming practice. However, on D`s application to cc to set aside A`s award, cc judge decided to remit the award to A, with a direction that assessment of standard quota should exclude additional production generated by feeding concentrates. D appealed to CA. G contended that as a matter of law, exclusion in the Agriculture Act 1986 Sched 1 para 6(5) of "land used for growing cereal crops in the form of loose grain" meant that in calculating "