Held ( aff. judgment of the Second Division, but by the majority upon different grounds) that section 4 of the Market Gardeners’ Compensation (Scotland) Act 1897 does not entitle a tenant under a lease current at the commencement of the Act to claim compensation in respect of market garden improvements executed prior to the commencement of the Act.
Held, per the Lord Chancellor, Lord Shand, Lord Davey, and Lord Brampton, and opinion per Lord Ashbourne, that in the Market Gardeners Compensation (Scotland) Act 1897, section 4, the word ‘then’ in the context ‘has then executed thereon . . improvements in respect of which a right of compensation or removal is given to a tenant by this Act,’ means ‘thereafter’ and not, as held by the Second Division, ‘prior to the commencement of the Act.’
Lord Chancellor (Halsbury), and Lords Ashbourne, Shand, Davey, Brampton, and Robertson
[1901] UKHL 576, 38 SLR 576
Bailii
Scotland
Landlord and Tenant
Updated: 14 January 2022; Ref: scu.630989