Tay Salmon Fisheries Co Ltd v Speedie [1929] ScotCS CSIH_4 (31 May 1929)

Tay Salmon Fisheries Co Ltd v Speedie [1929] ScotCS CSIH_4 (31 May 1929)

The effect of the statutory bye-laws and the establishment of the bombing range was to render the fishery unworkable and incapable of possession, amounting to a complete eviction of the tenants from the leased subjects. This total eviction, even though caused by supervening legislation, entitles the tenants to treat the lease as at an end and relieves them from further obligations, including payment of rent.

Citation
[1929] ScotCS CSIH_4
Parties
Pursuer: Tay Salmon Fisheries Co Ltd; Defender: Speedie
Jurisdiction
Scotland
Judgment Date
31 May 1929
Procedural Posture
Appeal / Appellate
Outcome
appeal refused
Legal Topics
Lease Termination, Eviction, Warrandice, Frustration of Contract, Supervening Illegality
Landlord and Tenant Contract Lease Termination Eviction Warrandice Frustration of Contract Supervening Illegality

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Parties

Tay Salmon Fisheries Co Ltd

Pursuer

Speedie

Defender

Procedural Posture

Appeal / Appellate

Legal Issues

  1. 1 Whether the pursuers are entitled to abandon their lease due to statutory interference rendering the fishery unworkable
  2. 2 Whether the lessor's obligation of warrandice extends to eviction caused by supervening legislation
  3. 3 Whether the lease is frustrated or terminated by the destruction of the subject matter

Ratio Decidendi

The effect of the statutory bye-laws and the establishment of the bombing range was to render the fishery unworkable and incapable of possession, amounting to a complete eviction of the tenants from the leased subjects. This total eviction, even though caused by supervening legislation, entitles the tenants to treat the lease as at an end and relieves them from further obligations, including payment of rent.

Court Disposition

appeal refused

Orders

  • Pursuers released from obligations under the lease
  • Pursuers not liable for further rent