He is now seeking a legal declaration that D&S Farms – whose company secretary is his younger brother Dominic – does not have security of tenure over the land, and that the agreement with D&S Farms should be set aside as being in breach of trust. He is also seeking possession of the land as well as damages.
Beyond their agricultural holdings, the Welby family boasts an eclectic set of pursuits and interests.
As well as being a gentleman farmer, Sir Bruno is a noted collector of antique porcelain. A single tea bowl from his extensive collection fetched nearly £10,000 at auction earlier this year. The entire collection sold for more than £300,000, according to auctioneer Wooley & Wallis.
In 2017, Charles Welby’s daughter, writer Venetia Welby, hosted a glittering party at the Groucho Club in Soho to celebrate the launch of her debut novel, Mother of Darkness. Guests at the event included Stanley Johnson, father of former prime minister Boris Johnson and former politician, now television presenter Michael Portillo.
Timeline of events at centre of dispute
Charles Welby will tell the court that prior to 1959, the Welby family owned 4850 hectares near Grantham, which was managed by Welby Estates, when his grandfather Sir Oliver Welby set up the Denton Trust for his sons, Sir Bruno and JPE Welby, and their children.
Writer Venetia Welby is the daughter of Charles Welby and the author of Mother of Darkness.Credit: Facebook @Mother of Darkness
He says that in 1965, Welby Estates conveyed 1400 hectares to the Denton Trust and a year later, the trustees decided all the land should be held in trust for Charles Welby when he reached the age of 21. At that time, he was 13.
The legal documents state that two years later, the trustees irrevocably gave part of the land to Charles Welby.
Sir Bruno agreed to farm about 400 hectares in partnership with David and John Mitchell, sons of the recently deceased tenant of Denton Lodge Farm, in 1967.
Charles Welby, who went to Eton before going to the Royal Agricultural College in the Cotswolds, and is a fellow of the Royal Institution of Chartered Surveyors, said no written tenancies of his land were ever granted, and it was understood that the land would be returned to him on request.
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He says that since 1980, he has successfully asked for various parcels of land to be returned to him by D&S Farms, including parcels of land near his home at Stroxton House, three hectares of land now used as parkland and another 93 hectares now used for grassland.
Charles Welby’s legal team says it will invite the court to infer that the partnership was a mechanism used by the Denton Trust and D&S Farms to avoid security of tenure.
He says that as a prospective tenant and a trustee of the Denton Trust, his father was in a position of conflict and that he had failed to consider his son’s prospects.
Charles Welby also alleges that when the land was transferred to him in 2011, his father failed to ensure he had vacant possession and that he had preferred his own interests, and the interests of D&S Farms, over his son’s.
The Telegraph UK
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