Roger v. Hutcheson and Others [1921] ScotLR 546 (25 June 1921)

Roger v. Hutcheson and Others [1921] ScotLR 546 (25 June 1921)

The reference to two arbiters and an oversman was not prohibited by section 11(1) of the Agricultural Holdings (Scotland) Act 1908 because the claim arose under a separate agreement between outgoing and incoming tenants, not under the Act or lease. The claim for compensation was sufficiently made before the determination of the tenancy, satisfying section 6(2).

Citation
[1921] ScotLR 546
Parties
Pursuer: Harry Stevenson Roger; Defender: William Hutcheson; Defender: Thomas Greenshields; Defender: Thomas Steel Greenshields; Interested Party: Hugh James Elibank Scott MakDougall
Jurisdiction
Scotland
Judgment Date
25 June 1921
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Lord Ordinary's interlocutor recalled; decree of declarator and decerniture granted as craved; expenses awarded against defenders Greenshields and Steel Greenshields.
Legal Topics
Compensation for Improvements, Agricultural Holdings (scotland) Act 1908, Arbitration Procedure, Timeous Claim
Landlord and Tenant Arbitration Compensation for Improvements Agricultural Holdings (scotland) Act 1908 Arbitration Procedure Timeous Claim

Case Brief

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Parties

Harry Stevenson Roger

Pursuer

William Hutcheson

Defender

Thomas Greenshields

Defender

Thomas Steel Greenshields

Defender

Hugh James Elibank Scott MakDougall

Interested Party

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether reference to two arbiters and an oversman is prohibited by Agricultural Holdings (Scotland) Act 1908, section 11(1)
  2. 2 Whether claim for compensation was timeously made under section 6(2) of the Act

Ratio Decidendi

The reference to two arbiters and an oversman was not prohibited by section 11(1) of the Agricultural Holdings (Scotland) Act 1908 because the claim arose under a separate agreement between outgoing and incoming tenants, not under the Act or lease. The claim for compensation was sufficiently made before the determination of the tenancy, satisfying section 6(2).

Court Disposition

Lord Ordinary's interlocutor recalled; decree of declarator and decerniture granted as craved; expenses awarded against defenders Greenshields and Steel Greenshields.

Orders

  • Decern against William Hutcheson in terms of the conclusions of the summons.
  • Find Thomas Greenshields and Thomas Steel Greenshields liable in expenses incurred by both pursuer and William Hutcheson.