The National Trust v Fleming & Ors

The National Trust v Fleming & Ors

The arbitrator's decision that the use of the caravan site for housing migrant workers falls within the Proviso of the 1966 Deed, as cultivation in the ordinary course of agriculture in accordance with the custom of the country, was not obviously wrong and was supported by strong findings of fact regarding local custom and necessity.

Parties
Claimant: The National Trust for Places of Historic Interest or Natural Beauty; Respondents: William Fleming and others
Jurisdiction
England and Wales
Judgment Date
17 July 2009
Procedural Posture
Application for Leave to Appeal Under Section 69 of the Arbitration Act 1996 / Judgment on Application for Leave to Appeal
Outcome
application for permission to appeal dismissed
Legal Topics
Restrictive Covenants, Interpretation of Deeds, Arbitration Appeals, Agricultural Land Use
Arbitration Property Law Restrictive Covenants Interpretation of Deeds Arbitration Appeals Agricultural Land Use

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Parties

The National Trust for Places of Historic Interest or Natural Beauty

Claimant

William Fleming and others

Respondents

Procedural Posture

Application for Leave to Appeal Under Section 69 of the Arbitration Act 1996 / Judgment on Application for Leave to Appeal

Legal Issues

  1. 1 Whether the construction and use of a caravan site for migrant workers at South End Farm breaches the restrictive covenants in the 1966 Deed
  2. 2 Whether the Proviso in the 1966 Deed permits such use as cultivation in the ordinary course of agriculture or husbandry in accordance with the custom of the country

Ratio Decidendi

The arbitrator's decision that the use of the caravan site for housing migrant workers falls within the Proviso of the 1966 Deed, as cultivation in the ordinary course of agriculture in accordance with the custom of the country, was not obviously wrong and was supported by strong findings of fact regarding local custom and necessity.

Court Disposition

application for permission to appeal dismissed

Orders

  • application for permission to appeal under section 69 of the Arbitration Act 1996 is dismissed