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What we do

Ebery Williams is a specialist law firm, focusing on disputes in the agricultural sector, rural property and trusts and probate. The firm combines commerciality  with a wealth of legal knowledge stemming from decades of experience in the sector.

Our Background

  • Peter Williams has been the author of the eponymous Scammell, Densham and Williams Law of Agricultural Holdings for over 18 years, having been a contributor to it for almost 20 years beforehand.
  • Peter has been described in Chambers Legal Directory as “highly intelligent and a fountain of knowledge in agricultural law”.
  • After more than 30 years at Burges Salmon, over a two-thirds of it as Head of Agriculture, Peter decided to leave and form Ebery Williams. That was over 12 years ago. The firm grew very quickly and was taken over.
  • Ebery Williams is now re-established to remain as a boutique firm focused on advising in relation to dispute resolution in the agriculture sector.
  • At Ebery Williams Peter is reunited with colleagues who worked with him at Burges Salmon: Richard Bedford and Miles Farren.
  • Like Peter, Richard and Miles have national reputations, bringing vast experience and expertise to advise clients.

Our Objective

  • The objective of Ebery Williams is simple. It is to bring that experience and expertise to bear to add value for clients.
  • The lawyers at Ebery Williams are backed up by a team of accessible, efficient and experienced legal secretaries.
  • Away from the environment of larger firms, Ebery Williams is able to adopt an approach to fees tailored to the needs of the client.

Practice Areas

  • The agriculture and rural sector including landlord and tenant disputes, Farm Business Partnerships (FBTs), banking issues and the myriad of associated work affecting farmers
  • Other property related legal disputes (including real property, landlord tenant, commercial and residential issues)
  • Trusts and probate disputes, especially dealing with rural properties

SCAMMELL, DENSHAM & WILLIAMS LAW OF AGRICULTURAL HOLDINGS 11TH EDITION

The 11th Edition of what I still call Scammell has now been published. 

This is the fifth edition of Scammell in which I have been involved (spanning almost 35 years), being the lead writer for the last three editions.

When I took over lead authorship at the time of the 9th Edition, one thing which I introduced was the chapter on the Common Agricultural Policy.  Michael Cardwell, now Professor Emeritus at the University of Leeds, who is obviously better known as being my Articled Clerk in 1985, produced a fantastic chapter.  We have continued with that in its post-Brexit form. 

Michael’s contribution has been supplemented by another excellent chapter in respect of the policy developments that we are now seeing unfolding.  The author of this additional chapter is Jeremy Moody, well known to everyone through his work at the CAAV.

The other 63 chapters are written by me, albeit that I am grateful to have had Esther Woolford and Victoria Howlett of Clarke Willmott undertake a bit of devilling for me and they kindly updated the General Landlord and Tenant Remedies chapter. 

I have been very lucky over the course of the last three years to have had three leading cases relating to agricultural property disputes before the Court of Appeal, as well as having a number of other High Court and Tribunal decisions.  All of those cases, including:

    • Rees v Windsor-Clive
    • Procter v Procter
    • OG Thomas Amaethyddiaeth Cyf v Turner and Others

are all dealt with in the 11th Edition of Scammell, as well as a host of other things, including the Agriculture Act 2020; changes in Regulations in respect of repair in Wales; etc. 

I have also taken the opportunity to add additional sections on some practical matters that one comes across and where it is not always easy to find the answer.  Two examples are the ability to withdraw a Notice to Quit and the application of privilege in communications.

I very much hope that those of you who have an opportunity to have a look at the 11th Edition will find it helpful. 

The bookstore link is – https://www.lexisnexis.co.uk/store/categories/legal/property-and-land-law-books-62/scammell-densham-williams-law-of-agricultural-holdings-11th-edition-skuuksku9781474323376SDAH1188778/details

P R Williams

March 2023

Location

  • In 2010 Ebery Williams practised from the former Burges Salmon office in Bristol, where Peter has been for almost the entirety of his career.
  • In a departure, the firm has been set up in Congresbury, 12 miles from the centre of Bristol.
  • No longer will it be necessary to struggle into the city centre. Congresbury is not much more than 5 minutes from Junction 21 on the M5. There is masses of free parking outside the office.
  • For those who travel by train, the next door village of Yatton has a station on the mainline to London Paddington.

Our Lead Lawyers

Richard Bedford

  • Trained at Burges Salmon, and remaining there until his retirement in April 2020
  • Became Partner in 1992 and subsequently Head of Property Disputes at Burges Salmon
  • Areas of practice include disputes relating to agricultural property (including landlord/tenant and estoppel), commercial premises and residential property

Click for professional biography.

Contact: richard.bedford@eberywilliams.com

Miles Farren

  • Trained at Lanyon Bowdler in Shropshire, after being a National Farmers Union (NFU) Group Secretary
  • Joined Peter Williams’ team at Burges Salmon
  • Founded Ebery Williams in 2010 and has continued to work with Peter Williams at all times since
  • Areas of practice include agricultural property disputes (including estoppel, claims for the possession of land and partnerships) and contentious trust and probate (including construction/execution of Wills, testamentary capacity, removal of trustees and claims under the Inheritance (Provision for Family and Dependents) Act 1975)

Click for professional biography.

Contact: miles.farren@eberywilliams.com

Peter Williams

  • Trained at Burges Salmon. Long time Head of Agriculture there
  • Author of the leading textbook, Scammell, Densham and Williams Law of Agricultural Holdings. The 11th Edition is available from Lexis Nexis from February 2023
  • Practises in property disputes in the agricultural sector, particularly landlord/tenant and farming partnerships. Undertakes a substantial amount of advocacy, particularly at arbitrations. Areas of interest include possession of development land and estoppel

Click for professional biography.

Contact: prwilliams@eberywilliams.com

Articles

Our lawyers regularly write articles which may be of interest to our clients and those working in the farming sector.

Please click here to view them.

Arbitration, Expert Determination and Mediation

The forthcoming Agriculture Act will change the rules for the appointment of arbitrators and experts making third party determinations. Until now appointments under both the Agricultural Holdings Act 1986 and the Agricultural Tenancies Act 1995 have been the sole preserve of the RICS. That is about to change, resulting in solicitors, as well as qualified rural chartered surveyors, being able to take appointments.

Peter Williams has been a Fellow of the Chartered Institute of Arbitrators since 1996. While a number of barristers hold the qualification, we are only aware of one other solicitor practising in the agriculture sector doing so. Also, Peter has undoubtedly appeared as advocate or been legal adviser to an arbitrator in more cases than any other solicitor in the farming sector.

Peter did not apply to be on the Agricultural Law Association Panel. This is because having supported Rural Arbrix for more than 25 years, and having been instructed by Arbrix Panel members, Peter has chosen not to compete with them.

Despite that decision, Peter recognises that there will be some cases and disputes where a lawyer arbitrator will be appropriate. If parties to a dispute, and their advisers, reach such a conclusion, Peter would accept a private appointment to act as an arbitrator.

The same principle applies to expert determinations and indeed mediations. As to the latter, there may be disputes concerning, for example, farming partnerships, banking in the agriculture sector or even landlord and tenant, where Peter’s experience in having acted in probably over 100 mediations would assist the parties.

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