Legal 500 2016
"has been doing agricultural and rural litigation for a long time, so she's expert at it"
"Fiercely intelligent, extremely approachable and very helpful. She looks for the most practical solution by drawing on her great depth of knowledge and experience."
"Precise and focused."
Vivienne is Head of the Bristol Office, and a key member of the Agriculture team.
She joined Michelmores in October 2012.
Vivienne specialises in all aspects of contentious agricultural work.
She advises on agricultural property disputes, including Landlord and Tenant and succession. Her practice includes farming partnership disputes, rights of way, contractual disputes, co-ownership and trust disputes. She also advises on possession claims, subsidies, agricultural banking and insolvency.
Vivienne acts for farming businesses, sole traders, land owners, estates, tenant farmers, lending institutions, receivers and local authorities.
Vivienne lectures regularly to the RICS and CAAV and has also contributed to the LexisNexis Encyclopaedia of Forms and Precedents, Agricultural Tenancies Volume, and most recently, the 10th Edition of Scammell, Densham and Williams's Law of Agricultural Holdings.
- Advising a landlord on a contentious rent review arbitration and appealing the Arbitrator's Award. The reported case Compton Beauchamp Estates Ltd v Spence,  EWHC 1101 (Ch) is one of the few cases to examine the extent to which arbitrators are required to give reasons for their decisions, and has been the subject of academic debate.
- Advising a rural business in High Court proceedings involving a high value partnership dispute. Vivienne had to react quickly to injunctive applications and lodge complex appeals in very short timeframes.
- Dealing with a right of way dispute concerning the width of the access for agricultural vehicles and a connected professional negligence claim.
- Acting in a succession application brought by the deceased tenant's son and mother under the Agricultural Holdings Act 1986 and advising other clients on planning for succession.
- Advising in a family dispute relating to the interpretation of a will, claims to occupy agricultural land as tenants and the sale of co-owned land.
- Resolving a contractual dispute relating to a contract farming agreement through mediation.
- Advising on the corporate demerger of a multi-million farming company including negotiating the division of land and assets and associated dissolution of a farming partnership.
- Advising farm businesses on appeals against RPA decisions and penalties levied.
- Advising on remedial action following breaches of covenants in agricultural tenancies and the enforcement of notices to quit served by a landlord seeking to resume possession for a non-agricultural use.
- Collins V Padfield , High Court – existence of a contract
- Compton Beauchamp Estates Ltd V Spence , High Court – appealing an arbitrator's award
- Munday V Commercial First Business Ltd , Court of Appeal - estoppel