Second Division – The court allowed an appeal under section 88(1) of the 2003 Act from a decision of the Scottish Land Court. The section was incompatible with the European Convention on Human Rights. The Court proceeded on the basis that section 72 was enacted as an anti-avoidance measure. But on that basis that it was inappropriate because of its excessive effect and its arbitrary scope. The Lord Justice Clerk said that it was excessive because, if the landlord should fail to obtain an order of the Land Court under section 72(9), the general partner is given a 1991 Act tenancy of the holding, with all the adverse consequences to the landlord that this involves, and the landlord is also exposed to the tenant’s contingent right to buy.
Lord Justice Clerk Gill, Lord Osborne and Lord Nimmo Smith
[2012] ScotCS CSIH – 26, 2012 Hous LR 30, 2012 GWD 12-234, 2013 SC 69, 2012 SCLR 403, 2012 SLT 633
Bailii
Agricultural Holdings (Scotland) Act 2003 88(1), European Convention on Human Rights 1
Scotland
Citing:
At Scottish Land Court – Salvesen v Riddell SLC 29-Jul-2010
SLC Agricultural holdings – limited partnership tenancy – limited partner being agent of landlord – notice of dissolution of partnership validly given – notice given on 3 Feb 2003 – expected change of legislation . .
Cited by:
At Court of Session – Salvesen v Riddell and Another; The Lord Advocate intervening (Scotland) SC 24-Apr-2013
The appellant owned farmland tenanted by a limited partnership. One partner gave notice and the remaining partners indicated a claim for a new tenancy. He was prevented from recovering possession by section 72 of the 2003 Act. Though his claim had . .
At SCS – Salvesen v Riddell and Another SCS 6-Jan-2015
The appellant enrolled a motion requesting payment by the Land court of the costs occasioned in a long running legal dispute. . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 August 2021; Ref: scu.452231 br>