Bell v. Graham [1908] ScotLR 770 (16 June 1908)

Bell v. Graham [1908] ScotLR 770 (16 June 1908)

Where an agreement for compensation under the Agricultural Holdings (Scotland) Acts is challenged as not fair and reasonable, the arbiter is bound to decide the issue for himself, considering the circumstances at the time of making the agreement. The party challenging must specify the provisions objected to and reasons. The arbiter's decision is not final and may be reviewed by a court if ultra vires.

Citation
[1908] ScotLR 770
Parties
Appellant/tenant: William Bell; Respondent/landlord: Major-General John Gordon Graham
Jurisdiction
Scotland
Judgment Date
16 June 1908
Procedural Posture
Appeal From Sheriff Court Decision in Statutory Arbitration / Judgment on Legal Question Submitted During Arbitration
Outcome
Appeal allowed in part; Sheriff's judgment modified
Legal Topics
Lease Agreements, Compensation for Improvements, Statutory Arbitration, Fair and Reasonable Compensation, Validity of Agreements
Landlord and Tenant Agricultural Law Contract Law Lease Agreements Compensation for Improvements Statutory Arbitration Fair and Reasonable Compensation Validity of Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

William Bell

Appellant/tenant

Major-General John Gordon Graham

Respondent/landlord

Procedural Posture

Appeal From Sheriff Court Decision in Statutory Arbitration / Judgment on Legal Question Submitted During Arbitration

Legal Issues

  1. 1 Whether an arbiter in statutory arbitration under the Agricultural Holdings (Scotland) Acts may disregard an agreement for compensation if challenged as not fair and reasonable
  2. 2 Whether the arbiter or a court of law is the proper authority to determine the fairness and reasonableness of such an agreement

Ratio Decidendi

Where an agreement for compensation under the Agricultural Holdings (Scotland) Acts is challenged as not fair and reasonable, the arbiter is bound to decide the issue for himself, considering the circumstances at the time of making the agreement. The party challenging must specify the provisions objected to and reasons. The arbiter's decision is not final and may be reviewed by a court if ultra vires.

Court Disposition

Appeal allowed in part; Sheriff's judgment modified

Orders

  • Arbiter must decide if challenged agreement is fair and reasonable, considering circumstances at time of making; challenge must be specific.
  • If agreement is found fair and reasonable, compensation is awarded per agreement; otherwise, compensation is fixed under the Act.