Lynch v. Corporation of Glasgow [1903] ScotLR 40_860 (17 July 1903)

Lynch v. Corporation of Glasgow [1903] ScotLR 40_860 (17 July 1903)

A leaseholder is not entitled to compensation for the chance or expectation of renewal of a lease upon compulsory acquisition under the Lands Clauses (Scotland) Act 1845 and the City of Glasgow Corporation Improvement and General Powers Act 1897, as such expectation is not a legal interest in land but a mere hope, and only legal interests existing at the date of the notice to treat are compensable.

Citation
[1903] ScotLR 40_860
Parties
Pursuer/respondent: Mrs Mary Lynch; Defender/reclaimer: Corporation of Glasgow
Jurisdiction
Scotland
Judgment Date
17 July 1903
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal allowed in part; interlocutor of Lord Ordinary recalled; decree for £800 in favour of pursuer; defenders assoilzied quoad ultra; pursuer found liable in expenses.
Legal Topics
Compensation for Leaseholders, Expectation of Lease Renewal, Statutory Interpretation, Arbitration Under Lands Clauses Acts
Compulsory Purchase Land Law Compensation Law Compensation for Leaseholders Expectation of Lease Renewal Statutory Interpretation Arbitration Under Lands Clauses Acts

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Parties

Mrs Mary Lynch

Pursuer/respondent

Corporation of Glasgow

Defender/reclaimer

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a leaseholder is entitled to compensation for the chance or expectation of renewal of lease upon compulsory acquisition under the Lands Clauses (Scotland) Act 1845 and the City of Glasgow Corporation Improvement and General Powers Act 1897.
  2. 2 Whether the arbitration reference permitted compensation for such expectation.

Ratio Decidendi

A leaseholder is not entitled to compensation for the chance or expectation of renewal of a lease upon compulsory acquisition under the Lands Clauses (Scotland) Act 1845 and the City of Glasgow Corporation Improvement and General Powers Act 1897, as such expectation is not a legal interest in land but a mere hope, and only legal interests existing at the date of the notice to treat are compensable.

Court Disposition

Appeal allowed in part; interlocutor of Lord Ordinary recalled; decree for £800 in favour of pursuer; defenders assoilzied quoad ultra; pursuer found liable in expenses.

Orders

  • Decree for payment of £800 to pursuer.
  • Defenders assoilzied from further conclusions of the action.