Southesk Trust Com Ltd & Anor, Re Application For Judicial Review [1998] ScotCS 108 (18 December 1998)

Southesk Trust Com Ltd & Anor, Re Application For Judicial Review [1998] ScotCS 108 (18 December 1998)

The Secretary of State was entitled to find that the circumstances surrounding the application—including the complexity of the claim, ongoing negotiations, minimal delay, and dispute as to the date of termination—were sufficiently 'special' to justify exercising discretion to appoint an arbiter out of time. The petitioners failed to show that the Secretary of State lacked sufficient material to make this decision. The court will not substitute its own view for that of the Secretary of State where discretion is properly exercised on the evidence available.

Citation
[1998] ScotCS 108
Parties
Petitioner: Southesk Trust Company Limited; Petitioner: Elsick Farms Limited; First Respondent: Secretary of State for Scotland; Second Respondent: Geddes (Farms) Limited
Jurisdiction
Scotland
Judgment Date
18 December 1998
Procedural Posture
Judicial Review / Opinion of the Court (final Disposition at First Instance)
Outcome
Petition refused
Legal Topics
Judicial Review of Administrative Discretion, Arbitration in Agricultural Tenancies, Extension of Statutory Time Limits, Compensation for Improvements
Administrative Law Agricultural Law Judicial Review of Administrative Discretion Arbitration in Agricultural Tenancies Extension of Statutory Time Limits Compensation for Improvements

Case Brief

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Parties

Southesk Trust Company Limited

Petitioner

Elsick Farms Limited

Petitioner

Secretary of State for Scotland

First Respondent

Geddes (Farms) Limited

Second Respondent

Procedural Posture

Judicial Review / Opinion of the Court (final Disposition at First Instance)

Legal Issues

  1. 1 Whether the Secretary of State for Scotland lawfully exercised discretion to appoint an arbiter outwith the statutory time limits under section 62(5) of the Agricultural Holdings (Scotland) Act 1991
  2. 2 Whether 'special circumstances' existed to justify extension of time for application for arbitration

Ratio Decidendi

The Secretary of State was entitled to find that the circumstances surrounding the application—including the complexity of the claim, ongoing negotiations, minimal delay, and dispute as to the date of termination—were sufficiently 'special' to justify exercising discretion to appoint an arbiter out of time. The petitioners failed to show that the Secretary of State lacked sufficient material to make this decision. The court will not substitute its own view for that of the Secretary of State where discretion is properly exercised on the evidence available.

Court Disposition

Petition refused

Orders

  • Pleas-in-law for the respondents sustained
  • Prayer of the petition refused