The Legal and Practical Challenges
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We are delighted to be returning to Murrayfield Stadium for the next in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.
Chaired by Hamish Lean of Shepherd & Wedderburn, our annual conference will provide all agricultural lawyers and other practitioners with a comprehensive rundown of the key topics in 2023. Hamish will be joined on the speaking panel by Dr Bob McIntosh, the Tenant Farming Commissioner, Adèle Nicol of Anderson Strathern, Heather Bruce from Turcan Connell, Robert Sutherland of Terra Firma Chambers and Brian Inkster from Inksters.
Jonnie Hall, Director of Policy of NFU Scotland will provide a keynote session on the current and future challenges facing Scottish agriculture.
Questions to be considered will include:
- how do we grasp the opportunity to create a policy framework that works effectively for sustainable food production as well as tackling climate and biodiversity needs?
- what are the implications of the proposed changes to agricultural holdings legislation for landlords and tenants?
- how does the short term letting licences regime interact with farm tenancies?
- what effect does recent case law have on client advice?
- what are the statutory and contractual rules which apply in respect of serving notices under the legislation relative to agricultural tenancies?
- what is the latest position in relation to crofting law reform?
What's being covered?
Current and future challenges facing Scottish agriculture
Scottish agriculture faces an array of political and economic uncertainties and all at a time when more is being asked of it in terms of delivering in the public interest - not least around food production, climate change and biodiversity. Key questions then follow about the objectives of future Scottish agricultural policy and whether they can be met via the new Agriculture Bill (and subsequent secondary legislation) and when public sector finances will be even more stretched. Whilst the policy landscape feels chaotic and cluttered, there is also opportunity to create a policy framework that works effectively for sustainable food production as well as tackling climate and biodiversity needs - there is no contradiction between the three.
Jonnie Hall, NFU Scotland
Update on the proposed changes to agricultural holdings legislation
This presentation will provide the background to the proposed changes to agricultural holdings legislation and explore the implications for landlords and tenants.
Dr Bob McIntosh, Tenant Farming Commissioner
Housing - the state of housing on farms and crofts - who is responsible for making it better?
This session will consider the ongoing programme of improvement in housing standards, particularly in the private rented sector and its impact on houses on tenanted farms and crofts. It will also consider the interaction of Short Term Letting Licences regime and farm tenancies.
Adèle Nicol, Anderson Strathern
Succession, time-limits and 1991 Act tenancies
Hamish Lean, Shepherd & Wedderburn
Serving notices under Agricultural Holdings legislation
This session will explore the statutory and contractual rules which apply in respect of serving notices under the legislation relative to agricultural tenancies, both “full” or “1991 Act” tenancies and fixed term tenancies under the 2003 Act. It will consider how the courts have interpreted the statutory and contractual rules and ways to avoid falling into difficulties in this complex area.
Heather Bruce, Turcan Connell
Rural case law review
A review of key recent cases concerning, amongst other matters, agricultural tenancies, rural litigation practice and procedure, conveyancing, servitudes, the Electronic Communications Code, and other cases of likely interest to the rural law practitioner. The review will consider not only the outcome of these decisions, but what effects they may have and what lessons can be learnt from them.
Robert Sutherland, Terra Firma Chambers
Crofting Law in 2023
In this session we will look at recent crofting caselaw and its likely impact on your advice. We will also consider the latest position in relation to crofting law reform.
Brian Inkster, Inksters
