Howkins v Jardine

JurisdictionEngland & Wales
Date1951
CourtCourt of Appeal
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17 cases
  • Lester v Ridd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 20 December 1988
    ...of the tenancy is let for use as agricultural land" reflects the interpretation put on the wording of the 1948 Act by this court in Howkins v. Jardine (1951) 1 K.B. 614 where Jenkins L.J. said at page 628: 'one must look at the substance of the matter and see whether as a matter of substanc......
  • Joan Russell (Applicant v Eric Edmond Booker (Respondent
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 14 May 1982
    ...of the case. 37 This submission must make it necessary to look back to the date of the 1947 agreement. The decisions of this court in Howkins v. Jardine, (1951) 1 King's Bench, 614 and of Mr. Justice Pearce in Deith v. Brown, 167 Estates Gazette, 513, illustrate that in considering whether......
  • Wetherall v Smith
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 8 February 1980
    ...the premises were used for the growing of fruit for sale in addition to the use of the inn for the ordinary purposes of an inn. 42 In Howkins v. Jardine (1951) 1 KB 614, another decision of this court, it was held that, where there was a lease which was in substance that of an agricultural ......
  • (1) Stephen Charles Smyth-Tyrrell v William Robert Bowden
    • United Kingdom
    • Chancery Division
    • 2 February 2018
    ...that the use of land for woodlands where that use is not ancillary to other agricultural purposes is therefore not agriculture. 51 In Howkins v Jardine [1951] 1 KB 614, 628, Jenkins LJ said that the question was “Whether, as a matter of substance, the land comprised in the tenancy, taken as......
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3 books & journal articles
  • Common Questions and Answers on Agricultural Holdings Act 1986 Tenancies
    • United Kingdom
    • Wildy Simmonds & Hill Agricultural Tenancies - 3rd edition Part 1. Legal background, definitions and relevant law
    • 29 August 2018
    ...to show that the agricultural use has been abandoned. 3 1 Note : all references are to sections in the 1986 Act. 2 Howkins v Jardine [1951] 1 All ER 320. 3 See Wetherall v Smith [1980] 2 All ER 530 and Short v Greeves [1988] 08 EG 109. 80 Agricultural Tenancies 6.2 SECTION 2: CONVERSION INT......
  • Agricultural Holdings Act 1986 Tenancies
    • United Kingdom
    • Wildy Simmonds & Hill Agricultural Tenancies - 3rd edition Part 1. Legal background, definitions and relevant law
    • 29 August 2018
    ...to grazing and/or 1 1986 Act, section 96(1). 2 1986 Act, section 96(1). 3 Rutherford v Maurer [1961] 2 All ER 775. 4 Howkins v Jardine [1951] 1 All ER 320. mowing only. Any new arrangements which grant exclusive possession will now be FBTs under the 1995 Act. (2) Ministry consent licences a......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Agricultural Tenancies - 3rd edition Preliminary Sections
    • 29 August 2018
    ...3 WLR 921, [1988] 3 All ER 760, CA 53 Gladstone v Bower [1960] 2 QB 384, [1960] 3 WLR 575, [1960] 3 All ER 353, CA 53 Howkins v Jardine [1951] 1 KB 614, [1951] 1 All ER 320, [1951] 1 TLR 135, CA 52, 79 Jelley v Buckman [1974] QB 488, [1973] 3 WLR 585, [1973] 3 All ER 853, CA 24 Johnson v Mo......

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