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Burges Salmon LLP

Living Wage
ONE GLASS WHARF, BRISTOL, BS2 0ZX, ENGLAND
Tel:
Work 0117 939 2000
Fax:
Fax 0117 902 4400
DX:
7829 BRISTOL
Email:
Web:
www.burges-salmon.com
Bristol, Edinburgh, London

Emma Folkes

Tel:
Work 0117 307 6975
Email:
Burges Salmon LLP

Work Department

Real Estate

Position

Partner working within the firm's Food and Farming team and specialising in non-contentious agricultural property matters. Acts on a wide variety of transactional matters including sales and purchases and the grant of tenancies, and advises on a wide range of issues arising from the ongoing management of farms and estates. Client base is UK-wide and includes landowners, farmers, national institutions and charities.

Recent examples of work: acting on the sale, in parts, of a significant estate comprising let farms, in-hand woodland and cottages. Acting on the sale of a portfolio of rural cottages. Documenting the division of a family farm following the settlement of a complex farming partnership dispute. Working with an institutional landowner on the restructure of agricultural tenancy arrangements. Acting on the acquisition of strategic land subject to complex overage obligations relating to future development.

Career

Trained Trowers & Hamlins LLP, qualified 2003; Trowers & Hamlins LLP (2001-2006); Forsters LLP (2006-2007); Burges Salmon (2007-present); Partner 2017.

Member

Agricultural Law Association.

Education

Attended Girton College, University of Cambridge (Geography 1999); University of the West of England, Bristol (Post Graduate Diploma in Law 2000; Legal Practice Course 2001); Member, Board of Governors, Harper Adams University.

Leisure

Country walks and inns, National Trust visits and quilting.


South West: Private client

Agriculture and estates

Within: Next Generation Partners

Emma Folkes - Burges Salmon LLP

Within: Agriculture and estates

The 'highly skilled' team at Burges Salmon LLP  handles the sale and purchase of agricultural property and landed estates, assists with subsidies and tenancy issues, advises on agricultural development and also has expertise in tax and succession planning. The firm also focuses on advising on regulatory issues regarding the food supply chain. The 'excellentSian Edmunds has experience as a litigator and arbitrator, including the handling of contractual and partnership disputes. Emma Folkes acts for farmers and investors on the restructuring of agricultural estate portfolios.

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Legal Developments by:
Burges Salmon LLP

  • Restoring environmental damage: putting a price on ecosystem services

    On 7 August 2009 a 40-inch pipeline ruptured, spilling 5,400 cubic metres of crude oil into the soil and groundwater of La Crau nature reserve in southern France, a habitat protected under French and European law. The operator had to excavate and replace 60,000 tons of soil, install 70 wells to pump and treat groundwater and 25 pumps to skim oil from surface water, at a cost in the region of €50m. However, this was just the primary remediation (that is, restoring the site to the state it would have been if the damage had not occurred). The operator was also required to compensate for the damage to the habitats and the loss of the ecosystem services that would otherwise have been provided by La Crau nature reserve. Measures included purchasing land outside of the nature reserve and contributing to its management for a period of 30 years (over €1m), monitoring the water table for 20 years (over €500,000), monitoring fauna over three years (€150,000) and rehabilitation in accordance with best available ecological techniques (nearly €2m). Overall, the compensatory restoration (to compensate for the amount of time that the ecosystem was impacted) and complimentary restoration (to compensate for elements of the ecosystem that had been permanently lost) came to more than €6.5m. 

    - Burges Salmon LLP

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