Field & Anor v Bryant & Anor [2003] EWCA Civ 1957 (18 December 2003)

Field & Anor v Bryant & Anor [2003] EWCA Civ 1957 (18 December 2003)

The Farm Business Tenancy, properly construed against the background facts and terms, permitted the running of a milking and dairying enterprise on the farm land after 31 July 1997, including ancillary uses such as milking facilities in the relocated sheep house.

Citation
[2003] EWCA Civ 1957
Parties
Claimant/respondent: John Brian Field; Claimant/respondent: Elizabeth Alice Field; Defendant/appellant: Raymond William Bryant; Defendant/appellant: Vera Bryant
Jurisdiction
England and Wales
Judgment Date
18 December 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Farm Business Tenancy, Interpretation of Tenancy Agreements, Permitted Use of Land, Ancillary Use of Farm Buildings
Landlord and Tenant Agricultural Law Farm Business Tenancy Interpretation of Tenancy Agreements Permitted Use of Land Ancillary Use of Farm Buildings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

John Brian Field

Claimant/respondent

Elizabeth Alice Field

Claimant/respondent

Raymond William Bryant

Defendant/appellant

Vera Bryant

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Farm Business Tenancy permitted the running of a milking and dairying enterprise on the holding after 31 July 1997
  2. 2 Interpretation of 'permanent pasture for livestock only' in clause 4.1(b)
  3. 3 Whether ancillary uses such as milking facilities are permitted under the tenancy

Ratio Decidendi

The Farm Business Tenancy, properly construed against the background facts and terms, permitted the running of a milking and dairying enterprise on the farm land after 31 July 1997, including ancillary uses such as milking facilities in the relocated sheep house.

Court Disposition

Appeal allowed

Orders

  • Declaration that the Farm Business Tenancy permits the running of a milking and dairying enterprise on the farm land
  • Counterclaim reinstated