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With the end of the transition period on 31st December 2020 and Boris’ efforts to secure a trade deal with the EU combined with truckers having their lunch pack-ups confiscated as they enter the Netherlands, Brexit is back into the spotlight,...
In recent weeks media attention has been given to lost byways and how crucial it is that they be retained for future public access. However, it is a complex question that raises significant issues for farmers and others earning their living in rural...
Trusts like central heating, roads and other useful items date back to the Romans but it is to medieval times we owe our current trust law when landowners heading off to crusades made their lands subject to a trust, ensuring their wives and infant children...
Legal 500 undertake an independent assessment of the reputation and quality of service of leading UK law firms. Their latest report, published in September 2020, recognises the quality of our service across seven practice areas, as defined by their research...
After all the furore in Parliament last year about leaving the EU and how this issue has since been overtaken in the media by the coronavirus pandemic, some people could be excused for thinking that our departure from the EU is complete. In fact we are now...
The British farming industry has proven its clout during the Covid-19 pandemic, not only as a producer of quality food, but also as a resilient, forward thinking sector which contributes significantly to the British economy. As farmers, in these...
None of us like to think about our eventual demise or about the practicalities if we become dependent on the care of others; that is perfectly understandable. However, as a solicitor who has advised many local individuals, couples and families, I can say...
The recent announcement of the Stamp Duty Land Tax (SDLT) holiday is a welcome discount to those looking to relocate. However, whilst a saving for many, there are bound to be some who lose out. The Chancellor’s announcement primarily benefits those...
Despite tumultuous world events, post-Brexit negotiations have been ploughing on, including those in the agricultural sector. In the background British farmers have continued to fight their corner, seeking to protect the industry from a drop in food...
With restaurants and cafes closed across the UK during the Covid-19 lockdown the dairy industry took an almost immediate ‘hit’ in sales and revenue, with the price per litre plummeting, milk uncollected and a significant drop in demand resulting...
The ongoing problems faced by land owners in relation to hedges has been addressed by the Rural Payments Agency which has published new guidance titled 'How to Check and Change your Hedge Information' . The guidance reminds farms to check...
Across the country, landowners have seen public rights of way used more than ever in the last couple of months due to the country’s population exercising from home and exploring their local areas because of the lockdown restrictions. Whilst some...
All our offices are open for pre-arranged appointments as well as for telephone or video meetings. Contact us as normal by phone or email and we will happily arrange a scheduled meeting to discuss your matter. Please bear in mind that, with...
Currently you need to sign your Will in the presence of two independent witnesses. Obviously the pandemic has made it more difficult for people to comply with this and, as a result, there has been quite a lot of discussion amongst lawyers about...
The Courts Service recently reported that probate applications have dropped by 50% during the current lockdown. Consequently there is concern that there will be a large upsurge in applications as lockdown starts to ease. This will almost inevitably...
Whether you engage in business-to-consumer or business-to-business transactions, a contract that is subsequently found to be legally invalid can be a financial disaster for your business. This poses the question: what makes a contract valid? In simple...
With the return of wet weather, we are likely to experience mud on roads as a by-product of normal farming operations. This is both unfortunate and inevitable as farm units have sought to catch up with necessary work after the very wet winter...
Even prior to the arrival of Covid-19 in the UK, concerns were raised that the Agriculture Bill and the related Environment Bill did not strike the right balance between food security and environmental issues. Given recent market shocks, we examine whether...
The Covid-19 lockdown has seen many small businesses rapidly adapt their business models to distance selling in order to continue to trade, adopting either a model of pre-ordering with collection or full delivery services. Orders can be provided...
If you run a business, you will be having to respond on many different fronts to the challenges of the lockdown. But how do we respond to bad debt? The answer is be proactive, review your debtors, maintain your cash flow and, in doing so, give your...
The traditional view of ‘a contract’ tends to be that reams of paper with “wet ink” signatures, amongst other formalities, are required in order for the contract to be valid. However, this is far from the case as the courts have...
Although farming families are often close-knit, the long-hours and pressures of running a business can take their toll, leading to relationship breakdown and divorce. The often complex nature of farming partnerships, land holdings and other business assets...
One of Yorkshire’s best-known agricultural solicitors has joined Harrowells Solicitors. Jenni Bartram, a long-standing member of the Agricultural Law Association and former president of the Yorkshire Law Society, joined Harrowells in February...
Agricultural Tenancy Reform We have been involved in a consultation with DEFRA in relation to a possible agricultural tenancy reform. The government has confirmed that it expects to publish its response to the consultation “later this year”....
It was announced that the Agricultural Bill was not scheduled to be debated during the final session of Parliament which had commenced on 9th September 2019. As everybody is now aware Parliament is currently prorogued until 14th October 2019....
One of my recent cases threw up a multitude of legal issues in a single project. A long-standing farming client was buying 40 acres of ancient woodland dating from the 17th century and wanted to set up a shoot. This sounds straightforward, how complicated...
Partnerships are still by far the most popular business structure for farming businesses. Across North and East Yorkshire there are four times more farms operating as partnerships or sole traders than are incorporated as limited companies. However, as...
This article appeared in the January 2019 edition of Northern Farmer Regulation in the pig industry is not insignificant. The industry is, however, rightly proud of its welfare standards which lead the world with more than 90 per cent being parties to the...
Despite, or should I say in spite, of the Brexit issues that have been dominating the media the draft Common Agricultural Policy (Direct Payments to Farmers) and (Amendment) (EU Exit) Regulations 2018 was laid in draft for sifting on 29th November 2018 and...
If you are reading this, there is a good chance that you are searching for a template set of terms and conditions to use for your fledgling business. The reluctance to spend money on legal advice that is not immediately going to bring you a return and help...
Every year Legal 500 assess the reputation and quality of client service of the top 10% of UK law firms using a mix of primary research and feedback from a sample of law firms’ clients. The latest report has just been published and I am pleased to...
Nothing beats a hack in the countryside but it’s easy for the fun to be spoiled by an angry landowner complaining that they have horse riders disturbing their livestock and damaging their land. In this part of Yorkshire we are lucky enough to have...
In an earlier blog , Paul Burkinshaw summarised the Government’s current position in relation to a No Deal Brexit and farm payments, rural development funding and organic food production and labelling. The general thrust is that the government is...
We have all become a little Brexit weary during the course of the last 12 months. The newspapers provide us with a seemingly shifting commentary on a daily basis. At present we appear to be bound for the Chequers Brexit or nothing. In response to the...
People go into business together to create something positive, not to fall out. Nevertheless, misunderstandings and differences of views can and do arise as businesses evolve. If you are a shareholder in a company, a shareholders’ agreement will help...
We are all aware that the process of ‘Brexit’ is likely to involve considerable change whatever the short term and longer term outcomes. The challenge for business owners and senior managers is deciding how to prioritise and plan. Trying to...
We all tend to think of ‘regulated industries’ as those where safety or financial stability is critical – for example airlines and banks. The reality is that all businesses are exposed to regulation, ‘red tape’, bureaucracy,...
Individually and collectively, farmers are obviously thinking about Brexit and the likely transition and ultimate outcome. Will many farming businesses need to reconfigure radically? Will there be major consolidation? How will supply chains and markets...
Whatever form Brexit ultimately takes, opportunities and threats will be thrown up along the way. To ensure a viable business post-Brexit, farmers need to ensure their business is fit for purpose now. In our experience, those farmers who ‘get on the...
If you are responsible for HR in your organisation, you will hopefully have locked onto the fact that new data protection rules (GDPR), coming into force on 25 May, have an impact on how you store and use employee and other personal data. There is a...
Can an employer monitor the content of an employee’s personal messages sent from a work email account? Probably not. A recent decision of the European Court of Human Rights (ECHR) in the case of Barbulescu v Romania has overturned an earlier...
We have expanded our Private Client Department with the appointment of a new partner. Philip Nelson (pictured left with Head of Department Ed Ryder) lives near York and joins from specialist national private client law firm, Wrigleys, Leeds....
Advice from successful local business owners and key national and international players teased out three big ingredients to business success at the 2017 York Food and Drink Festival. Have a narrative about your business and products that customers,...
More and more people are familiar with the idea of Lasting Powers of Attorney – a document that appoints attorneys to make decisions on your behalf if you are unable to do so yourself in the future because of mental or physical incapacity. Often these...
I’m surprised that more businesses do not take full advantage of Companies House online filing service. Whilst many accountants file accounts online on their clients’ behalf, organisations need to file an additional Confirmation Statement each...
Social media can be a really powerful tool for promoting your business and, as with many other things, it pays to understand your legal obligations when posting content online. Many businesses assume that online activity is not really...
The Dales Festival of Food and Drink (Leyburn 17-18th June) is a fantastic celebration of the vitality of food production in the Yorkshire Dales. Always an important feature of the Dales' economy, the range and quality of local food and drink...
A Lasting Power of Attorney (LPA) can have immediate effect if you specifically want this to be the case but otherwise, no - making an LPA will not mean you lose control over your affairs straight away. LPAs allow you to choose and appoint one or more...
