Skip to Content

Common Agricultural Policy and Post Brexit Support

Common Agricultural Policy and Post Brexit Support

About

The Common Agricultural Policy (CAP) is of fundamental importance to many farmers and landowners. Both direct and in-direct payments underpin the profitability of much of UK agriculture. Therefore protecting and preserving the rights to payment is vital for our clients.

Post Brexit the Government is committed to maintaining the status quo until the end of 2020. Thereafter it has pledged to continue to commit the same cash total in funds for farm support until the end of the current Parliament, expected in 2022. We are monitoring and advising clients on developments, particularly the Agriculture Bill, alongside their other advisors.

We currently advise on the transfer of Basis Payment Scheme Entitlements on the sale and purchase of farm land or other changes of occupation documenting the transfer of Entitlements and apportioning rights and obligations under agri-environmental schemes. We also draft tenancies to ensure that entitlements are not lost and incorporating any necessary “dual use” provisions.

When dealing with options and other contracts that may allow third parties onto farm land we will advise on how best to protect payments and pass on the risks of losses. We also frequently advise on CAP issues on business changes or re-organisations, making sure that on the transfer of a business, whether voluntarily or as a result of death, the Entitlements are transferred to the correct people.

Despite frequent promises of reducing red tape, the regulatory burden on the owners of farming businesses seems to be ever increasing. The breach of these rules and regulations, being a failure to cross-comply, can have a direct impact on payments under the CAP. We provide pragmatic advice on compliance including where a compliance breach is alleged by the authorities jeopardising valuable farm income, challenging Defra the RPA and other such bodies where necessary.

The Common Agricultural Policy (CAP) is of fundamental importance to many farmers and landowners. Both direct and in-direct payments underpin the profitability of much of UK agriculture. Therefore protecting and preserving the rights to payment is vital for our clients.

Post Brexit the Government is committed to maintaining the status quo until the end of 2020. Thereafter it has pledged to continue to commit the same cash total in funds for farm support until the end of the current Parliament, expected in 2022. We are monitoring and advising clients on developments, particularly the Agriculture Bill, alongside their other advisors.

We currently advise on the transfer of Basis Payment Scheme Entitlements on the sale and purchase of farm land or other changes of occupation documenting the transfer of Entitlements and apportioning rights and obligations under agri-environmental schemes. We also draft tenancies to ensure that entitlements are not lost and incorporating any necessary “dual use” provisions.

When dealing with options and other contracts that may allow third parties onto farm land we will advise on how best to protect payments and pass on the risks of losses. We also frequently advise on CAP issues on business changes or re-organisations, making sure that on the transfer of a business, whether voluntarily or as a result of death, the Entitlements are transferred to the correct people.

Despite frequent promises of reducing red tape, the regulatory burden on the owners of farming businesses seems to be ever increasing. The breach of these rules and regulations, being a failure to cross-comply, can have a direct impact on payments under the CAP. We provide pragmatic advice on compliance including where a compliance breach is alleged by the authorities jeopardising valuable farm income, challenging Defra the RPA and other such bodies where necessary.

Key Contacts

Denise Wilkinson - Partner

Denise Wilkinson

Partner

+44 (0)1223 532743

+ Read More

Gareth Williams - Partner

Gareth Williams

Partner

+44 (0)1604 463344

+ Read More

Meet the team

Latest testimonials

"We have used Stephanie Dennis for recent projects and we are very pleased and satisfied. We will continue to use Hewitsons in the future."
Mr & Mrs L

"Thanks to Stephanie Dennis who handled the land sale who was always helpful and patient with precise answers to any query presented."
Executors of Mrs R

"Stephanie Dennis is very diligent, efficient and communicative. Her work is always carried out with complete professionalism and skill."
Client Testimonial c/o Legal 500


Latest testimonials

"Denise Wilkinson exhibits great knowledge and attention to detail."
Client Testimonial c/o Legal 500

"I work regularly with Denise Wilkinson who is exceptional in every way.” 
Client Testimonial c/o Legal 500

“Denise Wilkinson provides excellent advice on a range of property matters in a concise and clear way which is readily understood.”

Client Testimonial c/o Legal 500








Latest testimonials

“Hewitsons is an impressive practice – client-focused, efficient and effective. The firm punches well above its weight.”
Client Testimonial c/o Legal 500

“Great communication, reasonable fees, good value for the money.”
Client Testimonial c/o Legal 500

“The firm provides excellent partner expertise at highly competitive rates.”
Client Testimonial c/o Legal 500

"They are an efficient, knowledgeable team, which is able to advise and carry out work on a variety of topics."
Client Testimonial c/o Legal 500

"Hewitsons provided us with timely legal support adhering to the scope of the service agreed."
Client Testimonial c/o Legal 500

Latest testimonials

“I particularly liked the approach of Hewitsons in that we worked with the same lawyer from initial discussions and quotation through to completion of the sale. This meant there was good continuity throughout the project.”
Client Testimonial c/o Legal 500

"In my experience Hewitsons is top of its class. It has experts in every field."
Client Testimonial c/o Legal 500

"Hewitsons is outstanding. It is professional, knowledgeable and efficient."
Client Testimonial c/o Legal 500

Latest testimonials

“The firm provides excellent partner expertise at highly competitive rates.”
Client Testimonial c/o Legal 500

"They are an efficient, knowledgeable team, which is able to advise and carry out work on a variety of topics."
Client Testimonial c/o Legal 500

"Hewitsons provided us with timely legal support adhering to the scope of the service agreed."
Client Testimonial c/o Legal 500

Latest testimonials

"They are an efficient, knowledgeable team, which is able to advise and carry out work on a variety of topics"
Client Testimonial c/o Legal 500


"The whole team offers excellent customer service, being responsive and timely with its advice"
Client Testimonial c/o Legal 500

“A dynamic yet pragmatic approach to getting the job done.”
Client Testimonial c/o Legal 500

“Hewitsons has high professional standards. They are well informed, cover all of our necessary disciplines and cover them well. They are always available at short notice when required.”
Client Testimonial c/o Legal 500




Latest testimonials

Gareth Williams has a practical and proactive approach to projects, which is often missing elsewhere‘.
Client Testimonial c/o Legal 500