Career Details
Articles at Burges Salmon 1980-82
Solicitor/Associate at Burges Salmon 1982 – 87
Equity Partner at Burges Salmon 1987 – 2010
Formerly Head of Agriculture at Burges Salmon
Founding Partner of Ebery Williams LLP 2010
Partner at Michelmores LLP 2012 – 2020
Professional Commitments include
Vice Chairman, National Trainee Solicitors Group (1981 – 82)
Committee Member, Bristol Young Solicitors Group (1983 – 89)
Committee Member and Legal Adviser, Carr-Gomm (Bristol) Society (1983 – 87)
Chairman, Bristol Legal Advice Centres Association (1984 – 1986)
Council Member, Bristol Law Society (1985 – 1989)
Governor, The Downs School, Wraxall (2000 – 2005)
Bristol Chancery Users Committee (1989 to date)
Qualifications and Membership
Fellow of the Chartered Institute of Arbitrators (1996)
Solicitor – Advocate (Higher Court Civil Proceedings) (2004)
Fellow of the British Institute of Agricultural Consultants (Member 1996, Fellow 2009)
Member of the Agricultural Law Association
Notable Cases include
European Court of Justice
National Assembly for Wales v Penycoed Farming Partnership (2005): milk levy
House of Lords
Pye v Graham (2002): adverse possession of agricultural land
Court of Appeal
Official Solicitor v Thomas (1986): notice to pay
Cawley v Pratt (1988): notices to quit
Ellis v Gratton Hughes (1991): farming partnership
AMC v Woodward (1994): section 99 of the Law of Property Act 1925: tenancies/mortgages
Barclays Bank v Eustice (1995): tenancies/mortgages
Swift v Dairywise Farms Ltd (2000): transfer of milk quota
Michael v Miller (2004): the lender’s duty in relation to the sale of property
Lifely v Lifely (2008): farming partnership
Peel v Coln Park LLP (2010): Case B Arbitration
Ham v Ham (2013): farming partnership
Commercial First Business Limited v Munday (2014): estoppel
Davies v Davies (2016): estoppel
Moore v Moore (2018): estoppel/farming partnership
Rees v Windsor-Clive (2020): interpretation of lease reservations
Procter v Procter (2021): letting by a landowner to himself and others
O G Thomas Amaethyddiaeth Cyf v Turner (2022): validity of a notice to quit
Procter v Procter (2024): retirement from a partnership and its financial consequences
High Court
Hoveringham Group Ltd v Scholey (1982): Gladstone v Bower agreements
Puncknowle Farm Ltd v Kane (1985): apportionment of milk quota
Charlton v Hawking (2003): rights of occupation of agricultural land and proprietary estoppel
Patmore v Bean (2003): power of receivers to take possession
Barclays Bank v Bean (2004): the operation of the statutory rent review provisions under the Agricultural Tenancies Act 1995
Aurora Leasing Ltd v S Morgan & Sons Limited (2009): peaceable re-entry of property
Ward v Gibbons (2009): estoppel
Done v Ecroyd (2013): milk quota agreement
Davies v AHP Land Limited (2014): Agricultural Holdings arbitration
Brake v Patley Wood Farm LLP (2014): partnership arbitration
Moore v Moore (2016): estoppel/farming partnership
Bell v Ham (2016): farming partnership
Crown Estate v Wakley (2016): breach of repair covenant under the Agricultural Tenancies Act 1995
Earl of Plymouth v Rees (2019): access to farm relating to a development of housing
Procter v Procter (2019): application of the Agricultural Holdings Act 1986
Windsor-Clive v Rees (2020): jurisdiction of Arbitrator under the Agricultural Holdings Act 1986
Windsor-Clive v Rees (2021): estoppel
Turner v Thomas (2022): validity of a notice to quit under the Agricultural Holdings Act 1986
Procter v Procter (2022): rescission of a notice to quit for breach of fiduciary duty in a farming partnership
Govier v J A & J C Watkins Limited (2023): section 6 arbitration appeal
Limbrick v Limbrick (2023): stay of High Court proceedings to enable a contractual arbitration to proceed
Shropshire Council v RMC Farming Limited (2023): stay of High Court proceedings to enable a statutory arbitration to proceed/confidentiality of a statutory arbitration
Cobden v Cobden (2024): a successful application for a Syers Order to buy out a partner’s share
County Court
Windsor-Clive v Rees (2021): failed strike out application. Whether estoppel can be maintained as a defence to possession proceedings after a statutory arbitration
The Trustees of Godinton House v Luandy Farming Limited (2024): stay of forfeiture proceedings pursuant to section 4 of the Arbitration Act 1996
Upper Tribunal (Lands Chamber)
Bodorgan Properties (CI) Limited v Evans (2019): Interpretation of the Agricultural Land Tribunals (Rules) Order 2007
Agricultural Land Tribunal/First-tier Tribunal
Carr v Evelyn Trust (2019): sound estate management
Carr v Evelyn Trust (2020): liability for costs
Limbrick v The National Trust and Limbrick (2022): contested succession application
Dorset Council v Symes (2023): consent to the operation of a notice to quit. Amalgamation of holdings
Authorship
Author of Scammell, Densham and Williams Law of Agricultural Holdings (9th Edition: 2007, 10th Edition: 2015 and 11th Edition 2023) and intervening Supplements
Previously contributor to numerous textbooks and publications including Halsbury’s Laws, Agriculture volume; Butterworth’s Encyclopaedia of Farms and Precedents, Agriculture and Landlord and Tenant volumes; and Sweet and Maxwell’s Agricultural Law Tax and Finance
Property Litigation Association
Pye v Graham was voted by the PLA “to be the case with the greatest significance for and impact on property law in the previous decade”
Lecturing
Blundell Lecturer
Has lectured extensively for the Central Association of Agricultural Valuers, Rural Arbrix, the RICS, the ALA, BIAC, Law Societies, Central Law Training, Lexis Nexis and others
Legal Directories
Since Chambers Guide to the UK Legal Profession and The Legal 500 have had individual ratings, PRW has been in the top tier for Agriculture, not only for the south-west but nationally. In Legal 500 PRW has been the only solicitor outside London to be ranked in the top tier of legal individuals in London for Agriculture and Estates. In Chambers Directory PRW has been the only solicitor nationally to be identified as a Star individual. Ebery Williams has decided not to participate in legal directories.