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Kirby v. Baker & Metson Ltd [2020] EWHC 2640 (Ch) – Mr Justice Meade

On 7 October 2020 the High Court granted an appeal by an agricultural tenant, under s.69 of the Arbitration Act 1996, against the award of an arbitrator appointed under the Agricultural Holdings Act 1986: in which the arbitrator had upheld the validity of a notice to quit served under Case B(b)(ii) of Schedule 3 to the 1986 Act.  The High Court found that, on its proper construction, Case B paragraph (b)(ii) did not apply to a permission arising by way of the permitted development rights contained in the Town and Country Planning (General Permitted Development) (England) Order 2015.

Catherine Taskis acted for the successful appellant.

To read the article on the full judgment, please click here: https://www.falcon-chambers.com/publications/articles/kirby-v.-baker-metson-ltd-2020-ewhc-2640-ch-mr-justice-meade

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