GOLDEN LANE SECURITIES LTD AND ANOTHER AGAINST RODERICK SCARBOROUGH [2022] ScotCS CSOH_76 (07 October 2022)

GOLDEN LANE SECURITIES LTD AND ANOTHER AGAINST RODERICK SCARBOROUGH [2022] ScotCS CSOH_76 (07 October 2022)

The court found, based on the credibility and reliability of witnesses and contemporaneous evidence, that the oral agreement in 2015 required the defender to pay 50% of all BPS subsidies (excluding LFASS) and to transfer entitlements to the Estate upon ceasing to graze. The defender breached this agreement by failing to transfer entitlements and underpaying rent.

Citation
[2022] ScotCS CSOH_76
Parties
Pursuer: Golden Lane Securities Limited; Pursuer: Christopher Moran & Co Limited; Defender: Roderick Scarborough
Jurisdiction
Scotland
Judgment Date
07 October 2022
Procedural Posture
Commercial Action / Final Judgment
Outcome
judgment for pursuers
Legal Topics
Oral Agreements, Grazing Rights, Subsidy Entitlements, Damages, Counterclaim
Contract Law Property Law Agricultural Law Oral Agreements Grazing Rights Subsidy Entitlements Damages Counterclaim

Case Brief

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Parties

Golden Lane Securities Limited

Pursuer

Christopher Moran & Co Limited

Pursuer

Roderick Scarborough

Defender

Procedural Posture

Commercial Action / Final Judgment

Legal Issues

  1. 1 Whether an oral agreement was reached in 2015 requiring the defender to transfer subsidy entitlements to the Estate upon ceasing to graze.
  2. 2 Whether rent calculation included 50% of all BPS payments (excluding LFASS), including greening and convergence payments.
  3. 3 Whether the defender overpaid rent by including greening payments.

Ratio Decidendi

The court found, based on the credibility and reliability of witnesses and contemporaneous evidence, that the oral agreement in 2015 required the defender to pay 50% of all BPS subsidies (excluding LFASS) and to transfer entitlements to the Estate upon ceasing to graze. The defender breached this agreement by failing to transfer entitlements and underpaying rent.

Court Disposition

judgment for pursuers

Orders

  • Defender to pay rent due for March-November 2019 (£104,433.44).
  • Defender to pay costs of replacing entitlements (£136,353.10).