Food and agribusiness

A crisis of any kind be it via a virus, a contamination or pollution, bacteria, chemical or even radiation may have domestic, European or global repercussions for production, customers and supply chains. We set out recommendations a business can take ahead of time to best protect themselves.

We can also provide bespoke reviews of internal management and policies to ensure due diligence practices are maintained and provide specialist training to the board.

Our specialist food & agribusiness team advises on a full range on matters, from undertaking product reviews, new product launches, labelling, advertising, marketing and promotions, IP and brand protection, novel and borderline products.

We advise generally on all aspects of regulatory and compliance (including nutrition and health and food information) to product liability issues, contamination and recall.  We help clients liaise with trade and enforcement authorities, investigations, prosecutions and Advertising Standards Authority complaints.

We advise on a range of commercial contracts and understand the requirements of food safety and quality.

Our team are expert in litigation and dispute management as well as liaising with trade and enforcement authorities, from the Grocery Code Adjudicator to Defra, the APHA and the Food Standards Authority

It is important to ensure regulatory compliance and our food regulatory specialists have in-depth experience in advising on all health and nutritional claims in labelling and marketing as well as for borderline products.

Our food regulatory experts work together with our advertising and IP experts to provide a full service offering whether that it is via an overview on regulated products and restrictions or bespoke advice for your marketing.

There are a few initial things to consider:

1)         Are there are any title issues or concerns which need to be rectified?

2)         Are there any boundary issues which need to be resolved?

3)         What rights of way or services need to be granted for the land being sold or reserved for the land being retained?

4)         Does the land have any future development potential which you may want to capture by an overage?

5)         What are the tax implications of a sale.

We have a range of experts who can help you with your decision and take you through the whole legal process.  We regularly work with agents at all stages of the deal, from drawing up the heads of terms through to completion of the sale.  Please contact either Marie Bernard or Michael Aubrey to discuss or find out.

1. Does the paddock have the appropriate planning / use?
2. Are there are any current occupiers of the paddock?
3. Will the new tenant be running a business from the paddock?
4. Who will be responsible for fencing and any stables?
5. What is the proposed term of the tenancy?

We have a range of experts who can help you with your decision and take you through the whole legal process.  We can help advise on the correct type of tenancy or licence and any formalities associated with them. We regularly work with agents at all stages of the deal, from drawing up the heads of terms through to completion of the tenancy agreement.  Please contact either Marie Bernard or Michael Aubrey to discuss or find out.

1. Length of tenancy: How long of a tenancy do you require for your business? Consider how long the tenancy is for and whether it is long enough for your business needs as there are specific rules for tenancies of less than two years.
   
   
2. Rent & rent review: Will you be able to afford the rent due if it increases? Either the landlord or tenant can demand a rent review every 3 years pursuant to the Agricultural Holdings Act 1986. However, landlords and tenants can agree on how often a rent review should take place (e.g. every five years) – this agreement replaces the law.
   
   
3. Improvements: Consider whether you will need to make any improvements to the Property during your occupation The Agricultural Holdings Act 1986 entitles a tenant to compensation when they quit the property for physical improvements and for intangible advantages which increase the value of the holding. However, no compensation will be payable unless the landlord has given consent to the improvement.
   
   
4. Termination: where the term is less than two years, the tenancy expires automatically at the end of the term. No notice to quit is required to be given by the landlord or the tenant. Where the term is for two years or more, written notice must be given at least one year in advance. Will you be able to comply with this notice period?