Scott Plummer v. Board of Agriculture for Scotland [1915] ScotLR 806 (20 July 1915)

Scott Plummer v. Board of Agriculture for Scotland [1915] ScotLR 806 (20 July 1915)

The arbiter, acting under section 7(11) of the Small Landholders (Scotland) Act 1911, has jurisdiction to award compensation for depreciation in the capital and saleable value of an estate directly attributable to the constitution of new holdings, and such compensation is not limited to physical or rental loss; the arbiter's award is final and binding, and the Lord Ordinary erred in holding otherwise.

Citation
[1915] ScotLR 806
Parties
Pursuer: Charles Henry Scott Plummer of Sunderland Hall, Selkirk; Defender: Board of Agriculture for Scotland
Jurisdiction
Scotland
Judgment Date
20 July 1915
Procedural Posture
Civil / Appeal From Lord Ordinary's Judgment
Outcome
Appeal allowed; interlocutor of the Lord Ordinary recalled; decree granted for the pursuer as concluded for.
Legal Topics
Landlord and Tenant, Compensation for Depreciation, Small Holdings, Statutory Arbitration, Interpretation of Statutes
Land Law Property Law Administrative Law Landlord and Tenant Compensation for Depreciation Small Holdings Statutory Arbitration Interpretation of Statutes

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Parties

Charles Henry Scott Plummer of Sunderland Hall, Selkirk

Pursuer

Board of Agriculture for Scotland

Defender

Procedural Posture

Civil / Appeal From Lord Ordinary's Judgment

Legal Issues

  1. 1 Whether compensation for depreciation in the capital and saleable value of an estate due to the constitution of small holdings is recoverable under the Small Landholders (Scotland) Act 1911, section 7(11)
  2. 2 Whether the arbiter acted ultra vires in awarding compensation for such depreciation

Ratio Decidendi

The arbiter, acting under section 7(11) of the Small Landholders (Scotland) Act 1911, has jurisdiction to award compensation for depreciation in the capital and saleable value of an estate directly attributable to the constitution of new holdings, and such compensation is not limited to physical or rental loss; the arbiter's award is final and binding, and the Lord Ordinary erred in holding otherwise.

Court Disposition

Appeal allowed; interlocutor of the Lord Ordinary recalled; decree granted for the pursuer as concluded for.

Orders

  • Recall of the Lord Ordinary's interlocutor
  • Decree for payment of £3850 sterling with interest to the pursuer