Callander v. Smith [1901] UKHL 576 (09 May 1901)

Callander v. Smith [1901] UKHL 576 (09 May 1901)

Section 4 of the Market Gardeners' Compensation (Scotland) Act 1897 does not entitle a tenant under a lease current at the commencement of the Act to claim compensation for improvements executed prior to the commencement of the Act; the word 'then' in the section means 'thereafter' and not 'prior to the commencement of the Act.'

Citation
[1901] UKHL 576
Parties
Pursuer and Respondent: Callander; Defender and Appellant: Smith
Jurisdiction
United Kingdom
Judgment Date
09 May 1901
Procedural Posture
Appeal / House of Lords Judgment on Appeal From Second Division
Outcome
Appeal dismissed; interlocutors affirmed with costs.
Legal Topics
Compensation for Improvements, Retrospective Effect of Statutes, Market Gardens, Leasehold Rights
Landlord and Tenant Statutory Interpretation Compensation for Improvements Retrospective Effect of Statutes Market Gardens Leasehold Rights

Case Brief

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Parties

Callander

Pursuer and Respondent

Smith

Defender and Appellant

Procedural Posture

Appeal / House of Lords Judgment on Appeal From Second Division

Legal Issues

  1. 1 Whether section 4 of the Market Gardeners' Compensation (Scotland) Act 1897 entitles a tenant under a lease current at the commencement of the Act to claim compensation for improvements executed prior to the Act's commencement.
  2. 2 Interpretation of the word 'then' in section 4 of the Act.

Ratio Decidendi

Section 4 of the Market Gardeners' Compensation (Scotland) Act 1897 does not entitle a tenant under a lease current at the commencement of the Act to claim compensation for improvements executed prior to the commencement of the Act; the word 'then' in the section means 'thereafter' and not 'prior to the commencement of the Act.'

Court Disposition

Appeal dismissed; interlocutors affirmed with costs.

Orders

  • Interlocutors appealed from affirmed.
  • Appeal dismissed with costs.