Agricultural Disputes - The Law and You

  A one day conference - Wednesday 8th October 2008
 6 hours Solicitors Regulation Authority CPD credit

Key info

Conference Venue:
Blenheim Palace
Hospitality Suite
Woodstock
Oxon OX20 1PX (map)

Date: 8th Oct 2008

Cost per delegate:
£249.00 + Vat

EarlyBird Discount: Book before  31st Aug '08 £199.00 + Vat 

Electric Studio > button_book_now_small > Original (129 x 25)
Or call us on 01869 347874 
to reserve your place or
   register interest online

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Over the last decade the farming and estate sector has become much more commercially varied with farmers and estate managers diversifying into property development (conversion of farm buildings etc.) Letting (cottages, pony paddocks etc.) and other recreational pursuits (quad bikes, venture rides etc.). Farmers are therefore being forced to work within new and proliferating legislation, both UK and EU, with changes being constantly introduced making the need for up to date legal awareness and advice on agricultural matters all the more important. With many farms and estates now evolving from the traditional farms farmers can face a multitude of disputes about their land, their business and their entitlement to payment from customers and the State despite all their best intentions and precautions. This practical conference, aimed at both farmers, estate managers and their professional advisors will look at a variety of commonly occurring disputes and offer advice on dispute resolution.

 

 The conference is aimed at

  • Those involved in managing rural businesses from small private farms to large estates
  • Those managing the landholdings of public and private institutional bodies
  • This may also be of interest to Professional Advisors working with the agricultural sector: 
         accountants
         solicitors
         practising surveyors
         land agents

The excellent networking benefits to this sector are extensive and are combined with an opportunity to gain a broad update and hear current argument and   thoughts on key policy and endemic issues affecting the countryside today.

Conference schedule 

09.30 -09.35

Welcome

 

Chair - Charles Cowap
Research Staff,Principal Lecturer in Land Management Harper Adams University College and member of RICS Rural Faculty Board

09:35 – 10:15

Employment Law Disputes

 

  •  The start of employment
  • deciding on the basis of employment
  •  getting the documentation straight
  •  What you can expect of your employee and s/he can expect of you during employment
  •  Issues special to agriculture – Agricultural Wages Board/Gangmaster licencing
  •  Dealing with sickness issues in your workforce
  •  Grievances and how you should respond to them
  •  Disciplinary issues and dismissal procedures
  •  Sources of help and advice
  •  Question Time

 

Louise Dunford LLM, LLB Barrister, Cert Ed

10:15 – 10:55

Liability to, and liability for, animals

 

  • Owners’ liability towards animals
  • Cruelty offences
  • The duty of care and rules concerning the transport of animals.
  • Liability of animal owners towards other people
  • Negligence, strict liability and occupiers’ liability

 Christopher Price, Chief Legal Advisor, Country Land and Business Association (CLA)

10:55 – 11:10
Refreshments
11:10 – 11:50

Environmental Law disputes, including pollution, statutory nuisances, waste and environmental impact assessment cases

 

Catherine Davey, UK Environmental Law Association (UKELA) and Partner, Environment and Planning Stevens and Bolton LLP 

11:50 – 12:30

Mediation – a better way to solve agricultural disputes

 

  • The modern way to settle disputes
  • Escape the stress and cost of litigation
  •  Control remains with the parties
  •  No long wait for court hearing
  •  Informal procedure
  •  Only takes one day
  •  Over 80% chance of settlement

John Winkworth-Smith, Consensus Mediation

12:30 – 13:30

Lunch

 

13:30 – 14:10

Dealing with Disputes between the tenant farmer and the landlord

 

  •  Getting your communications system right – separating out personal and business relationships.
  •  Understand your contractual relationship and the root of dispute resolution.
  •  Understand the underlying Statute and case law that cross references to the dispute.
  •  Getting the facts rights – creating clarity between the parties.
  •  Understanding the opinions – where they differ, understand why.
  •  Repairs and replacements – avoiding what should be an unnecessary dispute.
  •  Rent reviews – getting a clear structure and focus.
  •  What is good husbandry in 2008?
  •  What is sound estate management in 2008?

Hugh Fell – Managing Partner of George F White and member of the RICS Rural Faculty Board

14:10 – 14:50

Foot and Mouth Disease Compensation Update and Dealing with Regulatory Prosecutions 

 

 Foot and Mouth Disease Compensation

  • Why are we talking about compensation?
  • Fault
  • Reports
  • Who are the likely Defendants?
  • Who might get compensation?
  • Infected Premises
  • Dangerous Contacts
  • Pure economic loss cases
  • Nature of the losses
  • Current position

Regulatory Prosecutions

  • Examples of prosecutions
  • The PACE interview
  • The prosecution decision
  • The Court procedure
  • Penalties

Peter Cusick, Thring Townsend Lee & Pembertons, Partner, Head of Agricultural Litigation

14:50 – 15:05
Refreshments

 

15:05 – 15:45
Contract Disputes – general agriculture related litigation

 

  • Basics of Contract
  •  Contractual Disputes
  •  Remedies to Contractual Disputes
  •  Examples of Contractual Disputes in Agriculture
  •  Cautionary Tales
  •  Hot Topics

Guy Harvey, Partner, Dickinson Dees

15:45 – 16:25

Possession Claims, removal of trespassers, boundary disputes and rights of way

 

Possession Claims

  • Agricultural Holdings Act and Agricultural Tenancies Act

Removal of Trespassers

  • Injunctions – procedure

Rights of Way

  • How are they acquired?
  • Limitations
  • Enforcement

Boundary Disputes

  • What it means?
  • Practical resolutions

Henry Mendus, Head of Darbys Commercial Litigation Team

Nick Wright, Associate, Darbys 

16:25 – 16:30
Roundup and Close by Chair

 

16:30 – 17:15

Guided tour of The Palace - Optional

 

Book Online

Or call us on 01869 347874 to reserve your place