In the absence of full argument on the question of the competency of an action, no plea being tabled, the House of Lords, in a doubtful case, did not decline jurisdiction but entertained the action, holding the point open for future argument and decision.
In an arbitration under the Small Landholders (Scotland) Act 1911 to fix the compensation payable to the tenant of a farm on its acquisition for small holdings, the arbiter found that there was a question of law involved as to the date to which the tenant’s tenancy extended, and with the concurrence of parties gave alternative findings. The tenant brought an action of declarator to establish one of the alternatives. No plea to the competency of alternative findings was taken or fully argued. A previous case with alternative findings ( Scott Plummer v. Board of Agriculture for Scotland, 1916 S.C. (H.L.) 94, 53 SLR 207) had been entertained and decided, no plea to competency having there been advanced.
Held that, following Scott Plummer ( v. sup.), the appeal in this case should be entertained, the point, however, being kept open.
Per the Lord Chancellor-‘I think that the provision in the section that the arbiter has to decide the case within three months may be regarded as satisfied if within that time the arbiter states the facts finally so as to enable the courts to decide upon a point of law in an action upon the award, which indeed is the normal way of enforcing an award.’
In December 1913 the Board of Agriculture was given power to take a farm for small holdings, and was given to Martinmas 1915 to exercise the power. This was intimated to the tenant. His lease expired at Martinmas 1914. In February 1914 he approached his landlord as to whether the latter intended to serve notice to quit for Martinmas 1914, and was informed that he did not intend to do so, not knowing if the Board were to proceed, and not wishing to be without a tenant for a year. The Board took possession at Martinmas 1914.
Held (rev. judgment of the Second Division) that the tenant was entitled to compensation for the loss of the profits on the year’s tenancy, Martinmas 1914 to Martinmas 1915.
Judges:
Lord Chancellor (Finlay), Viscount Haldane, Lord Dunedin, and Lord Atkinson
Citations:
[1918] UKHL 180, 1917 SC 264, 55 SLR 180
Links:
Jurisdiction:
Scotland
Landlord and Tenant, Agriculture
Updated: 09 June 2022; Ref: scu.631464