Stewart v. Williamson [1909] ScotLR 918 (13 July 1909)

Section 11(1) of the Agricultural Holdings (Scotland) Act 1908 applies to the lease clause, abrogating the contractual method and requiring appointment of a single arbiter as per the statute.

Citation: [1909] ScotLR 918
Parties: Pursuer/respondent: John Stewart; Defender/appellant: Colonel D. R. Williamson
Jurisdiction: Scotland
Judgment Date: 13 July 1909
Procedural Posture: Appeal / Inner House, First Division, Court of Session
Outcome: appeal allowed; petition dismissed
Legal Topics: Lease Arbitration, Statutory Abrogation of Contract, Valuation of Agricultural Stock

Property Law Agricultural Law Contract Law Lease Arbitration Statutory Abrogation of Contract Valuation of Agricultural Stock

Case Brief

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Parties

John Stewart

Pursuer/respondent

Colonel D. R. Williamson

Defender/appellant

Procedural Posture

Appeal / Inner House, First Division, Court of Session

Legal Issues

1 Does section 11(1) of the Agricultural Holdings (Scotland) Act 1908 abrogate contractual arbitration provisions in leases?
2 Is the lease clause for valuation of sheep stock an arbitration within the meaning of the Act?

Ratio Decidendi

Section 11(1) of the Agricultural Holdings (Scotland) Act 1908 applies to the lease clause, abrogating the contractual method and requiring appointment of a single arbiter as per the statute.

Court Disposition

appeal allowed; petition dismissed

Orders

Sheriff-Substitute's interlocutor recalled
petition dismissed