Hiskett & Ors v. G & G Wilson & Ors [2002] ScotCS 281 (18 October 2002)

Hiskett & Ors v. G & G Wilson & Ors [2002] ScotCS 281 (18 October 2002)

Where the existence of a landlord and tenant relationship is in dispute, section 60(1) of the 1991 Act does not require arbitration and the court retains jurisdiction to determine that issue.

Citation
[2002] ScotCS 281
Parties
Pursuers: Mrs Carole Hilda Hiskett and Others; Defenders: G. & G. Wilson and Others
Jurisdiction
Scotland
Judgment Date
18 October 2002
Procedural Posture
Civil / Preliminary Issue on Arbitration Plea
Outcome
First defenders' second plea-in-law repelled; motion to sist for arbitration refused; first defenders' first plea (no jurisdiction) repelled; case put out By Order for further procedure; expenses reserved.
Legal Topics
Arbitration Under Agricultural Holdings (scotland) Act 1991, Existence of Landlord Tenant Relationship, Jurisdiction of Court Vs Arbitration, Termination of Agricultural Tenancy
Landlord and Tenant Agricultural Law Arbitration Under Agricultural Holdings (scotland) Act 1991 Existence of Landlord Tenant Relationship Jurisdiction of Court Vs Arbitration Termination of Agricultural Tenancy

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Parties

Mrs Carole Hilda Hiskett and Others

Pursuers

G. & G. Wilson and Others

Defenders

Procedural Posture

Civil / Preliminary Issue on Arbitration Plea

Legal Issues

  1. 1 Does section 60(1) of the Agricultural Holdings (Scotland) Act 1991 require the dispute to be determined by arbitration?
  2. 2 Is the existence of a landlord and tenant relationship a matter for the court or for arbitration?

Ratio Decidendi

Where the existence of a landlord and tenant relationship is in dispute, section 60(1) of the 1991 Act does not require arbitration and the court retains jurisdiction to determine that issue.

Court Disposition

First defenders' second plea-in-law repelled; motion to sist for arbitration refused; first defenders' first plea (no jurisdiction) repelled; case put out By Order for further procedure; expenses reserved.

Orders

  • Repel first defenders' second plea-in-law
  • Refuse motion to sist for arbitration