Scott v. Livingstone and Another [1918] ScotLR 1 (19 October 1918)

Scott v. Livingstone and Another [1918] ScotLR 1 (19 October 1918)

The notice to remove failed to comply with statutory requirements because it did not sufficiently describe all the subjects from which removal was sought, particularly omitting the field of five acres. Strict compliance with the statutory form is required, and the letter did not meet this standard.

Citation
[1918] ScotLR 1
Parties
Pursuer: John Scott; Defender: Mrs Janet Livingstone; Defender: John Livingstone
Jurisdiction
Scotland
Judgment Date
19 October 1918
Procedural Posture
Appeal / Judgment on Appeal From Sheriff Court
Outcome
appeal dismissed; judgment of Sheriff affirmed
Legal Topics
Notice to Remove, Description of Subjects, Statutory Compliance, Sheriff Courts (scotland) Act 1907
Landlord and Tenant Property Law Notice to Remove Description of Subjects Statutory Compliance Sheriff Courts (scotland) Act 1907

Case Brief

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Parties

John Scott

Pursuer

Mrs Janet Livingstone

Defender

John Livingstone

Defender

Procedural Posture

Appeal / Judgment on Appeal From Sheriff Court

Legal Issues

  1. 1 Whether the notice to remove complied with statutory requirements regarding description of subjects under the Sheriff Courts (Scotland) Act 1907, section 36 and Form H.

Ratio Decidendi

The notice to remove failed to comply with statutory requirements because it did not sufficiently describe all the subjects from which removal was sought, particularly omitting the field of five acres. Strict compliance with the statutory form is required, and the letter did not meet this standard.

Court Disposition

appeal dismissed; judgment of Sheriff affirmed

Orders

  • Action dismissed
  • Interlocutors of Sheriff-Substitute and Sheriff affirmed