Brodie-Innes v. Brown and Another [1916] ScotLR 170 (19 December 1916)

Brodie-Innes v. Brown and Another [1916] ScotLR 170 (19 December 1916)

The arbiter's award of £95 for continuous good farming was ultra vires as such a claim is not authorised by the Agricultural Holdings (Scotland) Act 1908; the award is bad on its face and cannot be remedied by parole evidence from the arbiter.

Citation
[1916] ScotLR 170
Parties
Pursuer: John William Brodie-Innes; Defender: James Brown; Defender: George Alexander Ferguson
Jurisdiction
Scotland
Judgment Date
19 December 1916
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Decree of reduction granted; Lord Ordinary's interlocutor recalled; first, second, and fourth pleas-in-law for the pursuer sustained.
Legal Topics
Compensation for Unexhausted Improvements, Powers of Arbiter, Statutory Interpretation, Ultra Vires Awards
Landlord and Tenant Arbitration Agricultural Law Compensation for Unexhausted Improvements Powers of Arbiter Statutory Interpretation Ultra Vires Awards

Case Brief

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Parties

John William Brodie-Innes

Pursuer

James Brown

Defender

George Alexander Ferguson

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether compensation for 'continuous good farming' is a statutory improvement under the Agricultural Holdings (Scotland) Act 1908
  2. 2 Whether the arbiter acted ultra vires in awarding £95 for continuous good farming
  3. 3 Whether parole evidence from the arbiter is admissible to clarify the basis of the award

Ratio Decidendi

The arbiter's award of £95 for continuous good farming was ultra vires as such a claim is not authorised by the Agricultural Holdings (Scotland) Act 1908; the award is bad on its face and cannot be remedied by parole evidence from the arbiter.

Court Disposition

Decree of reduction granted; Lord Ordinary's interlocutor recalled; first, second, and fourth pleas-in-law for the pursuer sustained.

Orders

  • Decree of reduction of the arbiter's award so far as it awarded £95 for continuous good farming.
  • Recall of Lord Ordinary's interlocutor.