Lord Ninian Crichton Stuart v. Ogilvie [1914] ScotLR 761 (03 July 1914)

Lord Ninian Crichton Stuart v. Ogilvie [1914] ScotLR 761 (03 July 1914)

The Court held that the purposes listed in section 18(5) of the 1908 Act do not form a genus, and the phrase 'other purposes' is not limited by the ejusdem generis rule. Therefore, the lease's resumption clause for 'any purpose whatever' (except re-letting to another agricultural tenant) is valid, and the one...

Source-derived case information.

Citation
[1914] ScotLR 761
Parties
Complainer: Lord Ninian Crichton Stuart; Respondent: John Barrie Ogilvie
Jurisdiction
Scotland
Judgment Date
03 July 1914
Procedural Posture
Note of Suspension and Interdict / Inner House, First Division, Appeal From Lord Ordinary
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to.
Legal Topics
Lease Termination, Statutory Construction, Freedom of Contract, Notice Requirements, Resumption of Land
Land Law Agricultural Law Contract Law Lease Termination Statutory Construction Freedom of Contract Notice Requirements Resumption of Land

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Parties

Lord Ninian Crichton Stuart

Complainer

John Barrie Ogilvie

Respondent

Procedural Posture

Note of Suspension and Interdict / Inner House, First Division, Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the landlord's right to resume possession on one month's notice under the lease is valid in light of the Agricultural Holdings (Scotland) Act 1908, section 18
  2. 2 Whether 'other purposes' in section 18(5) of the 1908 Act includes resumption for grazing pedigree sheep

Ratio Decidendi

The Court held that the purposes listed in section 18(5) of the 1908 Act do not form a genus, and the phrase 'other purposes' is not limited by the ejusdem generis rule. Therefore, the lease's resumption clause for 'any purpose whatever' (except re-letting to another agricultural tenant) is valid, and the one month's notice given was sufficient. The Act did not override the express contractual arrangement between the parties.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to.

Orders

  • Interdict granted against respondent as craved.