Creston Land & Estates Plc v Brown [2000] ScotCS 27 (1 February 2000)

Creston Land & Estates Plc v Brown [2000] ScotCS 27 (1 February 2000)

The conclusion for declarator is necessary to the pursuers' case and thus the action is competent as an ordinary action. The question of whether the arrangement is a lease or a licence, and whether the land is an agricultural holding, cannot be determined at this stage and must go to proof.

Citation
[2000] ScotCS 27
Parties
Pursuer: Creston Land and Estates Plc; Defender: Rosemary Margaret Hamilton Brown
Jurisdiction
Scotland
Judgment Date
01 February 2000
Procedural Posture
Civil / Debate on Preliminary Pleas (competency and Relevancy)
Outcome
Defender's first plea-in-law to competency repelled; case sent to Proof Before Answer; all other pleas remain on record; expenses reserved.
Legal Topics
Lease Versus Licence, Agricultural Holdings, Notice to Quit, Competency of Action, Summary Cause Procedure
Property Law Agricultural Law Civil Procedure Lease Versus Licence Agricultural Holdings Notice to Quit Competency of Action Summary Cause Procedure

Case Brief

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Parties

Creston Land and Estates Plc

Pursuer

Rosemary Margaret Hamilton Brown

Defender

Procedural Posture

Civil / Debate on Preliminary Pleas (competency and Relevancy)

Legal Issues

  1. 1 Whether the action is competent as an ordinary action or should have been raised as a summary cause
  2. 2 Whether the arrangement between the parties constitutes a lease or a licence/right of occupation
  3. 3 Whether the land in question is an agricultural holding under the Agricultural Holdings (Scotland) Act 1991

Ratio Decidendi

The conclusion for declarator is necessary to the pursuers' case and thus the action is competent as an ordinary action. The question of whether the arrangement is a lease or a licence, and whether the land is an agricultural holding, cannot be determined at this stage and must go to proof.

Court Disposition

Defender's first plea-in-law to competency repelled; case sent to Proof Before Answer; all other pleas remain on record; expenses reserved.

Orders

  • Repel defender's first plea-in-law to competency
  • Send case to Proof Before Answer