Mitchella-Gill v. Buchan [1921] ScotLR 371 (04 February 1921)

Mitchella-Gill v. Buchan [1921] ScotLR 371 (04 February 1921)

An arbiter acting under the Agricultural Holdings (Scotland) Act 1908 is legally bound to give effect to the final decision of the Court on any question of law stated in a special case, and cannot proceed contrary to that decision; to do so would constitute misconduct and vitiate the award.

Citation
[1921] ScotLR 371
Parties
Appellant (landlord): Andrew John Mitchell-Gill; Respondent (outgoing Tenant): William Alfred Buchan
Jurisdiction
Scotland
Judgment Date
04 February 1921
Procedural Posture
Statutory Arbitration Appeal / Appeal From Sheriff Substitute to Court of Session, Inner House, First Division
Outcome
Appeal allowed; Sheriff's answers reversed.
Legal Topics
Jurisdiction of Arbiter, Duty of Arbiter to Follow Court's Decision, Statutory Arbitration Under Agricultural Holdings (scotland) Act 1908
Arbitration Landlord and Tenant Agricultural Law Jurisdiction of Arbiter Duty of Arbiter to Follow Court's Decision Statutory Arbitration Under Agricultural Holdings (scotland) Act 1908

Case Brief

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Parties

Andrew John Mitchell-Gill

Appellant (landlord)

William Alfred Buchan

Respondent (outgoing Tenant)

Procedural Posture

Statutory Arbitration Appeal / Appeal From Sheriff Substitute to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Is an arbiter under the Agricultural Holdings (Scotland) Act 1908 bound to give effect to the decision of the Court on a question of law stated in a special case?
  2. 2 Can the arbiter proceed to assess a claim contrary to the final decision of the Court on a question of law?

Ratio Decidendi

An arbiter acting under the Agricultural Holdings (Scotland) Act 1908 is legally bound to give effect to the final decision of the Court on any question of law stated in a special case, and cannot proceed contrary to that decision; to do so would constitute misconduct and vitiate the award.

Court Disposition

Appeal allowed; Sheriff's answers reversed.

Orders

  • First question of law answered in the affirmative: the arbiter is bound to give effect to the Court's decision.
  • Second question of law answered in the negative: the arbiter is not entitled to proceed contrary to the Court's decision.