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Update agriculture

By: Language: English Series: Solicitors' Journal ; 151(38) 12 October 2007, 1302-1304(2)Publication details: 2007Subject(s): Summary: Examines the implications of the Shirley Trustees v Crabtree judgment upon contested succession applications for agricultural tenancies. Such cases are increasingly rare due to the declining numbers of children following their parents into farming. Details the tests to be met for a successful succession. Argues that this is open to abuse and that the analysis used in this case, which was affected by the Welby v Casswell precedent, did not take full account of real world situations. Some arbitrary results are likely to be produced by this system from time to time.

Examines the implications of the Shirley Trustees v Crabtree judgment upon contested succession applications for agricultural tenancies. Such cases are increasingly rare due to the declining numbers of children following their parents into farming. Details the tests to be met for a successful succession. Argues that this is open to abuse and that the analysis used in this case, which was affected by the Welby v Casswell precedent, did not take full account of real world situations. Some arbitrary results are likely to be produced by this system from time to time.