Callander v. Smith [1900] ScotLR 37_890 (07 July 1900)

Callander v. Smith [1900] ScotLR 37_890 (07 July 1900)

Section 4 of the Market Gardeners Compensation (Scotland) Act 1897 does not authorise a claim for compensation in respect of improvements executed prior to the commencement of the Act. The Act is not retrospective in effect. The tenant is only entitled to compensation for improvements made after the commencement of the Act, even where the holding or part thereof was used as a market garden with the landlord's knowledge and without written dissent.

Citation
[1900] ScotLR 37_890
Parties
Complainer (landlord): Henry Callander of Prestonhall and Westertown; Respondent (tenant): David Whytt Ewart Smith
Jurisdiction
Scotland
Judgment Date
07 July 1900
Procedural Posture
Civil / Appeal From Lord Ordinary to Inner House, Second Division
Outcome
Interdict granted in part; suspension refused; no expenses due to or by either party; Court adhered to Lord Ordinary's interlocutor.
Legal Topics
Compensation for Improvements, Market Gardens, Statutory Interpretation, Retrospective Effect of Statutes
Landlord and Tenant Agricultural Law Compensation for Improvements Market Gardens Statutory Interpretation Retrospective Effect of Statutes

Case Brief

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Parties

Henry Callander of Prestonhall and Westertown

Complainer (landlord)

David Whytt Ewart Smith

Respondent (tenant)

Procedural Posture

Civil / Appeal From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Does section 4 of the Market Gardeners Compensation (Scotland) Act 1897 entitle a tenant under a lease current at the commencement of the Act to claim compensation for improvements executed prior to the commencement of the Act?
  2. 2 Does the term 'holding' in the Act include 'part of a holding'?
  3. 3 Is the Act retrospective in effect regarding compensation for improvements?

Ratio Decidendi

Section 4 of the Market Gardeners Compensation (Scotland) Act 1897 does not authorise a claim for compensation in respect of improvements executed prior to the commencement of the Act. The Act is not retrospective in effect. The tenant is only entitled to compensation for improvements made after the commencement of the Act, even where the holding or part thereof was used as a market garden with the landlord's knowledge and without written dissent.

Court Disposition

Interdict granted in part; suspension refused; no expenses due to or by either party; Court adhered to Lord Ordinary's interlocutor.

Orders

  • Interdict prohibiting the respondent from insisting in or prosecuting claims for compensation for improvements executed prior to 1 January 1898.
  • Suspension refused quoad ultra.