Davies v Davies
Publication details: 2002Subject(s): Online resources: Summary: [2002] EWCA Civ 1791, 6 December 2002. Appellant defendant (D) and respondent (C) farmed adjoining properties. C rented a field belonging to D for seasonal mowing and grazing. In 1994 D granted C permission to plant a winter crop on condition that he would reseed the field once the crop had been harvested. C claimed an agricultural tenancy under the Agricultural Holdings Act 1986 s2. HC allowed C's claim. CA overturned the HC ruling on the grounds that the agreement between the parties was for a licence to occupy for a period of less than a year and was a once-and-for-all arrangement with a subsequent condition which did not come within the terms of s2 of the 1986 Act. Appeal allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journals | ABS66265 (Browse shelf(Opens below)) | 1 | Available | 120886-1001 |
[2002] EWCA Civ 1791, 6 December 2002. Appellant defendant (D) and respondent (C) farmed adjoining properties. C rented a field belonging to D for seasonal mowing and grazing. In 1994 D granted C permission to plant a winter crop on condition that he would reseed the field once the crop had been harvested. C claimed an agricultural tenancy under the Agricultural Holdings Act 1986 s2. HC allowed C's claim. CA overturned the HC ruling on the grounds that the agreement between the parties was for a licence to occupy for a period of less than a year and was a once-and-for-all arrangement with a subsequent condition which did not come within the terms of s2 of the 1986 Act. Appeal allowed.