Harrowells Banner Image

Our Resolve. Your Resolution.

Services
People
News and Events
Other
Blogs

Farming Law Blog

How to make the most of solar farm prospects

Matthew Hayward
  • Posted
  • Author

Advances in technology mean that rural Yorkshire is these days a viable location for large scale solar farms – so yet another string is added to the diversification bow. However, the scale and longevity of such schemes means that greater care needs to...

Legal 500 - Fantastic results for Harrowells

Peter Mills
  • Posted
  • Author

Each year Legal 500 publish a report focused on the quality of advice and nature of work undertaken by leading law firms in the UK, including our own. Legal 500 base their assessment, to a significant extent, on feedback given directly to Legal 500 by our...

Why a well-drafted partnership agreement is essential

Paul Burkinshaw
  • Posted
  • Author

A lawyer will always tell you that a well-drafted partnership agreement is essential.  We would, wouldn’t we, it’s a job! The truth is, however, that a well-drafted agreement is essential. It will do little save sit in a drawer; however,...

Succession...comes to Yorkshire

Philip Williams
  • Posted
  • Author

Like me, you might be an avid follower of the epic Sky Atlantic box set ‘Succession’ (no spoilers please – I’m still wading through season 2). For those who haven’t seen the show, the drama features a family who own a...

Mud on the road. A guide for farmers.

Paul Burkinshaw
  • Posted
  • Author

It’s that time of year again. It’s wet. Turn off the main drag and you may spot the dreaded handwritten sign “Mud on Road”. Your lovely clean car is quickly covered in the finest of by-product that only farms can supply. The NFU...

The challenge of telecoms operators seeking to cut mast rent payments

Paul Burkinshaw
  • Posted
  • Author

Since a change in legislation in 2017, farmers and others who permitted the installation of telecommunication equipment have discovered that telecoms companies are now entitled to cut rental payment substantially, sometimes up to 95%, so causing a...

Great results for Harrowells in the Legal 500 2023 report

Peter Mills
  • Posted
  • Author

Legal 500 have just published their latest report (‘the 2023 edition’) and the firm has, once again, achieved a strong showing. We have received formal recognition of our excellent service delivery and high technical standards across nine...

The ongoing farm to fork challenge in the pig industry

Paul Burkinshaw
  • Posted
  • Author

Figures recently published in Farmers Weekly, based on numbers produced by the National Pig Association, it is suggested that more than 31 million meals of pork could have been fed to the nation but have been wasted due to the pig crisis. How on earth have...

What happens to my share in the family farming business partnership when I die?

Matt Rowley
  • Posted
  • Author

Traditionally, farming businesses have relied on a legal structure of family farming partnerships, often without formal written partnership agreements in place. In this case provisions of the Partnership Act 1890 would apply but this Act is unable to...

Fantastic client feedback for Katie Daniel

Peter Mills
  • Posted
  • Author

Over 75% of our instructions are from returning clients or those personally recommended to us by previous clients. So it is really important that we take client service very seriously. When we complete a matter for a client, we always ask for...

The farmer 'lump sum exit scheme' needs to be considered with care

Philip Nelson
  • Posted
  • Author

It is a well-known ‘fact’ that farmers never retire; there is always far too much to do to have that luxury. Many farmers we deal with are keen to pass the farm and business on to whichever member of the family is most willing, whilst keeping...

A guide to Inheritance Tax: the legal aspects

Philip Williams
  • Posted
  • Author

Inheritance Tax (IHT) is primarily a charge on your assets on death, including your share of assets jointly held with another person. However, lifetime gifts made within seven years prior to your death can also be brought back into charge. IHT is also...

Potential impact of Assured Agricultural Occupancy on diversification plans

Paul Burkinshaw
  • Posted
  • Author

If a farmer decides that the new income will come from upgrading farm workers cottages for use as B&Bs or holiday cottages, or to demolish them to make way for something new, this can create significant issues unless proper consideration and planning is...

How staycations could be a diversification boost for farmers

Paul Burkinshaw
  • Posted
  • Author

Unforeseen events, such as the fall out from the coronavirus pandemic, are often a catalyst for change. Even with the roll out of vaccines, one change that is likely to be with us for some time is the increase in people holidaying within the UK. ...

Update on commercial tenancies during the Pandemic

Richard Hugill
  • Posted
  • Author

Unsurprisingly, the restrictions on forfeiture of business tenancies for non-payment of rent are to continue in England until 30 June 2021 - but what is likely to happen after that? Central government are likely to want to avoid an abrupt cliff-edge...

Self-employed or freelance staff? The Uber case and its implications for SMEs

Gillian Markland
  • Posted
  • Author

Does your business rely upon staff who you deem to be freelance or self-employed? If so, you would be well-advised to take a moment to review those relationships in light of the recent decision in Uber BV & othrs v Aslam & othr s. If, as in the...

Harrowells now has an office in Malton

Peter Mills
  • Posted
  • Author

Our Agricultural, Commercial and Private Client Teams have been successful in winning new instructions in the Ryedale area in recent months. As a result, we have opened a base in Malton so that we can more easily look after our clients and contacts in the...

The four things you need to know about Lasting Powers of Attorney

Ed Ryder
  • Posted
  • Author

Hopefully the vaccine rollmout means the threat of Covid-19 will recede as we move further into 2021. However, media stories over the past year, and possibly personal experiences, will have underlined the important and beneficial role of having your affairs...

Brexit food labelling issues for producers, distributors and retailers

  • Posted

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,...

Registration of lost byways and the potential impact on farming

Jenni Bartram
  • Posted
  • Author

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 can play a role in farming succession planning

Philip Nelson
  • Posted
  • Author

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...

Independent recognition of our high quality service

Peter Mills
  • Posted
  • Author

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...

Farming focus is now on transition phase of withdrawal from EU

Paul Burkinshaw
  • Posted
  • Author

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 benefits of a proper Partnership Agreement for farmers

Matt Rowley
  • Posted
  • Author

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...

Now is a good time to get your affairs in order

Ed Ryder
  • Posted
  • Author

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...

Stamp Duty Land Tax Holiday and Rural Properties

Katie Daniel
  • Posted
  • Author

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...

What is going on with Brexit and our Farming Regulation?

Paul Burkinshaw
  • Posted
  • Author

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...

Reviewing your contracts given shortcomings of the Dairy Hardship Fund

Matt Rowley
  • Posted
  • Author

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...

Rural Payments Agency publishes guidance about hedges

Paul Burkinshaw
  • Posted
  • Author

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...

How can landowners protect their property from the wandering public?

Katie Daniel
  • Posted
  • Author

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

Peter Mills
  • Posted
  • Author

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...

What are the legal rules about witnessing Wills?

Ed Ryder
  • Posted
  • Author

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...

Recent drop in probate applications may mean executors face delays in the months ahead

Ed Ryder
  • Posted
  • Author

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...

What makes a contract legally valid?

Matt Rowley
  • Posted
  • Author

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...

The Agriculture Bill and the Environment Bill

Jenni Bartram
  • Posted
  • Author

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...

Distance Selling rules concerning contracts made online, by telephone, fax or email

Matt Rowley
  • Posted
  • Author

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...

How can the Late Payment of Commercial Debts Act help my business?

Richard Hugill
  • Posted
  • Author

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...

Can you create a contract by email?

Matt Rowley
  • Posted
  • Author

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...

How pre-nuptial agreements can preserve family farms

  • Posted

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...

Jenni Bartram joins Harrowells Solicitors

Peter Mills
  • Posted
  • Author

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...

Agriculture Update

Paul Burkinshaw
  • Posted
  • Author

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”....

The Agricultural Bill

Paul Burkinshaw
  • Posted
  • Author

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....

How buying rural land can throw up legal complexities for the unwary

Stephen Proctor
  • Posted
  • Author

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...

Farming partnership agreements

Ed Ryder
  • Posted
  • Author

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...

Pigtail docking: Farmers must keep ahead of regulatory curve

Paul Burkinshaw
  • Posted
  • Author

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...

Draft Brexit legislation for farming and equine sectors

Paul Burkinshaw
  • Posted
  • Author

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...

Template Terms and Conditions

Matt Rowley
  • Posted
  • Author

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...

Legal 500 recognition

Peter Mills
  • Posted
  • Author

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...

Rural land access rights for horse riders

Paul Burkinshaw
  • Posted
  • Author

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...

Farming and potential Brexit turbulence

Stephen Proctor
  • Posted
  • Author

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...

No Deal Brexit - Digesting the DEFRA papers

Paul Burkinshaw
  • Posted
  • Author

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...

The importance of a shareholders' agreement

  • Posted

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...

Brexit - Making your business resilient

Matt Rowley
  • Posted
  • Author

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...

Why 'evidence of effort' matters

Matt Rowley
  • Posted
  • Author

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,...

Farming: Developing resilient businesses

Stephen Proctor
  • Posted
  • Author

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...

Your Farm - Your Future: Getting on the front foot

Paul Burkinshaw
  • Posted
  • Author

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...

Useful GDPR summary aimed at smaller businesses

Gillian Markland
  • Posted
  • Author

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 content of employee personal messages?

Gillian Markland
  • Posted
  • Author

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...

Specialist estates planning lawyer joins Harrowells

Ed Ryder
  • Posted
  • Author

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....

Narrative, people and innovation

Peter Mills
  • Posted
  • Author

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,...

Powers of attorney for your business

Ed Ryder
  • Posted
  • Author

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...

Take full advantage of Companies House online filing

Matt Rowley
  • Posted
  • Author

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 and your business

Matt Rowley
  • Posted
  • Author

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...

Celebrating local food producers in the Dales

Peter Mills
  • Posted
  • Author

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...

If I make an LPA do I instantly lose control over my affairs?

Ed Ryder
  • Posted
  • Author

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...