Trinity Agricultural Law Barrister Speaking at Yorkshire Law Society
The seminar will cover the following key issues in Agriculture:-
- The practice and procedure in the First-tier Tribunal Property Chamber which covers land registry, residential, property and agricultural land and drainage. Although prevalent to agricultural matters, the review of the statutory instrument in addition to the accompanying Practice statement in relation to agricultural land and drainage will also be useful to those that have a property practice.
- Review of the Agricultural Holdings Act 1986 and Agricultural Tenancies Act 1995. One specific area has been succession, which has caused no end of litigation. James will undertake a review of this area dealing with death and retirement of a tenant and the grounds to succeed in the tenancy such as principle livelihood, suitability and eligibility, coupled with notice to quit and resisting succession. The often thorny issue of two successions will also be examined; whether there has in fact been a succession and retrospectively can a succession be. As applications during this process may have to be made to a tribunal, it neatly dovetails into the section on the property tribunal.
- The Environmental Damage (Prevention and Remediation) Regulations 2009 is perhaps a little known statutory instrument that can effect agricultural land owners when dealing with the environmental damage to land, and its ramifications. James, utilising his regulatory experience, will undertake a review of this legislation and show how farmers and those that own agricultural land could become criminally liable under this statutory instrument.
As head of Trinity’s Agricultural Practice Group, James has dealt with the rural community in the North East mainly through his Chancery practice and in particular relating to property, and probate issues. He has received instructions relating to this area in: Rights of way and boundary disputes, ownership of farms including issues of succession, wills and trusts, agricultural tenancies, agricultural holdings, construction disputes, regulatory offences involving farmers and farms and partnerships.
James is also a member of Trinity Chambers' Business, Chancery,Mental Health and Court of Protection, Personal Injury and Regulatory practice groups.He was recognised in Legal 500 2013 "James Kemp is noted for his ‘precise advice, given in a very timely and cost-effective way’".
The event will be held at the University of Law, Bishopthorpe Road, York, commencing with registration at 4pm, the talk beginning at 4.30pm and concluding by 6.30pm. The event will attract two Solicitors Regulation Authority CPD points.Please book places direct with the Yorkshire Law Society.