After a year long deliberation, the Court of Session yesterday released a ruling upholding an appeal by the landlord in the Salvesen v Riddell case. In a complex decision, Lord Gill, presiding over the court, has judged the measures put in place to protect tenants in Limited Partnership arrangements were not compatible with the European Convention of Human Rights. Given the constitutional issues this ruling raises, the case has not been remitted back to the Land Court but referred to the Advocate General so that he can intervene, if so advised, under the Scotland Act.
Following the publication, Robert Scott-Dempster from Gillespie Macandrew LLP who represented the landlord in this case said, "Not only is the outcome of this case of considerable constitutional significance but, as with the Moonzie case, Lord Gill has once again criticised poor parliamentary draftsmanship which has resulted in expensive litigation."
Scottish Land & Estates' Ag Holdings technical sub group is currently considering the details of the ruling and its potential consequences, and further information will be provided to members in due course.