Wright v. Keswick [1924] ScotLR 524 (10 June 1924)

Wright v. Keswick [1924] ScotLR 524 (10 June 1924)

The tenant's claim, based on the difference between going-concern value and break-up value of the sheep stock, is relevant and sufficiently specific under section 12(6) of the Agricultural Holdings (Scotland) Act 1923. The loss is directly attributable to the quitting of the holding, and the tenant is entitled to...

Source-derived case information.

Citation
[1924] ScotLR 524
Parties
Appellant: William Johnston Keswick; Respondent: Thomas Wright
Jurisdiction
Scotland
Judgment Date
10 June 1924
Procedural Posture
Appeal From Arbitration (stated Case) / Appeal to Court of Session Inner House, Second Division
Outcome
Appeal dismissed in part; question 5 answered in the affirmative; case remitted to arbiter to proceed.
Legal Topics
Compensation for Disturbance, Valuation of Farm Stock, Lease Termination, Arbitration Procedure, Agricultural Holdings (scotland) Act 1923
Land Law Agricultural Law Compensation for Disturbance Valuation of Farm Stock Lease Termination Arbitration Procedure Agricultural Holdings (scotland) Act 1923

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Summary, issues, holding and outcome

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Parties

William Johnston Keswick

Appellant

Thomas Wright

Respondent

Procedural Posture

Appeal From Arbitration (stated Case) / Appeal to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether the tenant's claim for compensation for loss on sale of sheep stock is relevant under section 12(6) of the Agricultural Holdings (Scotland) Act 1923
  2. 2 Whether the measure of loss should be the difference between going-concern value and break-up value
  3. 3 Whether the loss was directly attributable to the quitting of the holding

Ratio Decidendi

The tenant's claim, based on the difference between going-concern value and break-up value of the sheep stock, is relevant and sufficiently specific under section 12(6) of the Agricultural Holdings (Scotland) Act 1923. The loss is directly attributable to the quitting of the holding, and the tenant is entitled to prove such loss. The market value at forced sale is not conclusive.

Court Disposition

Appeal dismissed in part; question 5 answered in the affirmative; case remitted to arbiter to proceed.

Orders

  • Question 5 answered in the affirmative.
  • Consideration of other questions superseded.