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 on 4 Feb 2003 – retrospective change – notice ‘otherwise than for purpose’ of depriving of right – ‘deriving from this section’ – trigger or purpose – circular argument that purpose of notice could have been to defeat a right given by the notice – wide or strict construction – general partner – general partner’s right to continue in occupation – narrow construction appropriate if possible to avoid adverse retrospective effects – mischief of section – informed interpretation – result not contemplated by parliament – Agricultural Holdings (Scotland) act 2003 secs 72 and 73


Lord McGhie, Mr J A Smith


RN SLC 3/09




Agricultural Holdings (Scotland) act 2003 72 73



Cited by:

At Scottish Land CourtSalvesen v Riddell and Another SCS 15-Mar-2012
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 . .
At Scottish Land CourtSalvesen 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 Land CourtSalvesen 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.

Landlord and Tenant

Updated: 06 May 2022; Ref: scu.512422