MACAULAY, OPINION OF THE INNER HOUSE OF THE COURT OF SESSION IN THE SPECIAL CASE STATED BY THE SCOTTISH LAND COURT AT THE REQUEST OF AGAINST MRS MARY ANN MORRISON AND MARK TAYBURN [2018] ScotCS CSIH_50 (17 July 2018)

MACAULAY, OPINION OF THE INNER HOUSE OF THE COURT OF SESSION IN THE SPECIAL CASE STATED BY THE SCOTTISH LAND COURT AT THE REQUEST OF AGAINST MRS MARY ANN MORRISON AND MARK TAYBURN [2018] ScotCS CSIH_50 (17 July 2018)

A person is 'aggrieved' for the purposes of section 14(1) of the Crofting Reform (Scotland) Act 2010 only if their private interests are adversely affected by the registration; mere concern for public accuracy or historic boundaries, without a personal interest, does not confer standing to challenge registration. The appellant lacked sufficient interest and was not entitled to bring the application.

Citation
[2018] ScotCS CSIH_50
Parties
Applicant and Appellant: John Macaulay; Respondent: Mrs Mary Ann Morrison; Interested Party and Respondent: Mark Tayburn
Jurisdiction
Scotland
Judgment Date
17 July 2018
Procedural Posture
Appeal by Way of Special Case From Scottish Land Court / Opinion of the Inner House of the Court of Session
Outcome
Appeal dismissed; question in special case answered in the negative.
Legal Topics
Standing to Challenge Registration, Crofting Register, Statutory Interpretation, Public and Private Interests in Registration
Land Law Crofting Law Administrative Law Standing to Challenge Registration Crofting Register Statutory Interpretation Public and Private Interests in Registration

Case Brief

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Parties

John Macaulay

Applicant and Appellant

Mrs Mary Ann Morrison

Respondent

Mark Tayburn

Interested Party and Respondent

Procedural Posture

Appeal by Way of Special Case From Scottish Land Court / Opinion of the Inner House of the Court of Session

Legal Issues

  1. 1 Whether the appellant is a person 'otherwise aggrieved' by the registration of croft 1A under section 14(1) of the Crofting Reform (Scotland) Act 2010
  2. 2 Whether the Scottish Land Court erred in dismissing the application for lack of sufficient interest

Ratio Decidendi

A person is 'aggrieved' for the purposes of section 14(1) of the Crofting Reform (Scotland) Act 2010 only if their private interests are adversely affected by the registration; mere concern for public accuracy or historic boundaries, without a personal interest, does not confer standing to challenge registration. The appellant lacked sufficient interest and was not entitled to bring the application.

Court Disposition

Appeal dismissed; question in special case answered in the negative.

Orders

  • No order as to modification or removal of the entry in the Crofting Register for croft 1A Tolsta Chaolais.
  • All questions of expenses reserved.