The Scottish Land Court is a Scottish court of law based in

Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...

with

subject-matter jurisdiction Subject-matter jurisdiction (also called jurisdiction ''ratione materiae')'' is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority ...

covering disputes between

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s and tenants relating to agricultural tenancies, and matters related to crofts and crofters. The Scottish Land Court is both a

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and an

appeal court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...

; hearings at first-instance are often heard by a Divisional Court of one of the Agricultural Members advised by the Principal Clerk. Decisions of the Divisional Court can be appealed to the Full Court, which will consist of at least one legally qualified judicial member and the remaining Agricultural Member. Some cases are heard at first-instance by the Full Court, and these cases may be appealed to the

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of the

Court of Session The Court of Session is the supreme civil court of Scotland and constitutes part of the College of Justice; the supreme criminal court of Scotland is the High Court of Justiciary. The Court of Session sits in Parliament House in Edinburgh ...

. The Chairman of the Scottish Land Court is ranked as a

Senator of the College of Justice The senators of the College of Justice are judges of the College of Justice, a set of legal institutions involved in the administration of justice in Scotland. There are three types of senator: Lords of Session (judges of the Court of Session); ...

, and is required to be meet the same eligibility criteria as a Senator.To be eligible for appointment as a senator a person must have served at least 5 years as

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly transla ...

sheriff principal In Scotland a sheriff principal (''pl''. sheriffs principal) is a judge in charge of a sheriffdom with judicial, quasi-judicial, and administrative responsibilities. Sheriffs principal have been part of the judiciary of Scotland since the 11th ce ...

, been an

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for 5 years, a

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with 5 years rights of audience before the Court of Session or High Court of Justiciary, or been a

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for 10 years (having passed the exam in civil law at least 2 years before application.) The Scottish Land Court has a legally qualified Deputy Chairman, with several Agricultural Members. The Agricultural Members (also called "practical Members") are lay (not legally qualified) members of the Court with significant experience of

agriculture Agriculture or farming is the practice of cultivating plants and livestock. Agriculture was the key development in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that enabled people to ...

. They deal with many

crofting Crofting is a form of land tenure and small-scale food production particular to the Scottish Highlands, the islands of Scotland, and formerly on the Isle of Man. Within the 19th century townships, individual crofts were established on the bette ...

cases, and sit in the Divisional Court, where they are supported by the Principal Clerk as legal assessor. However, the decisions of the Divisional Court rest with the Agricultural Member. The Court holds hearings throughout Scotland, and cases can be heard before a divisional court (consisting of one of the Agricultural Members), or the full court (consisting of the Agricultural Members and the legally qualified members.) The court was established on 1 April 1912 under section 3 of the

Small Landholders (Scotland) Act 1911 Small may refer to: Science and technology * SMALL, an ALGOL-like programming language * Small (anatomy), the lumbar region of the back * ''Small'' (journal), a nano-science publication * <small>, an HTML element that defines smaller text ...

, which was amended by the Scottish Land Court Act 1993. the Chairman of the Scottish Land Court was Lord Minginish, who was also the Gaelic-speaking member of the Court, as required by Section 1(5) of the Scottish Land Court Act 1993.

History

The court was established on 1 April 1912 under section 3 of the

, which was amended by the Scottish Land Court Act 1993.

Centenary

In 2012 Lord McGhie will lead a special visit to the site of the

Battle of the Braes A battle is an occurrence of combat in warfare between opposing military units of any number or size. A war usually consists of multiple battles. In general, a battle is a military engagement that is well defined in duration, area, and force ...

Skye The Isle of Skye, or simply Skye (; gd, An t-Eilean Sgitheanach or ; sco, Isle o Skye), is the largest and northernmost of the major islands in the Inner Hebrides of Scotland. The island's peninsulas radiate from a mountainous hub dominated b ...

to commemorate the centenary of the court's founding. The party will include

Lord Bracadale Alastair Peter Campbell, Lord Bracadale, KC is a retired senior Scottish judge. Early life Campbell was born on 18 September 1949 in Skye, Scotland, to Rev. Donald Campbell and Margaret Campbell. His family moved to Edinburgh when he was tw ...

, who was born on the island. The group will pass the church in Camustianaviag where the first witnesses to the court gave evidence in 1912, and is expected to acknowledge that the court "stands on the shoulders" of the crofters of the Braes who resisted eviction in 1882.

Remit and jurisdiction

The duty of the court is to settle disputes, relating to agricultural tenancies and to crofts and crofters, by means of a written decision on the case that is reported in the Scottish Land Court Reports and other publications. The court maintains a close relationship with the

Lands Tribunal for Scotland The Lands Tribunal for Scotland is a tribunal with jurisdiction over land and property in Scotland, relating to title obligations, compulsory purchase and other private rights. The Tribunal was established under the Lands Tribunal Act 1949, wh ...

, although the duties of both the Land Court and Lands Tribunal are distinct they both share the same administrative office, and the Chairman of the Land Court is also President of the Lands Tribunal. The court does not adjudicate disputes concerning the ownership of land, or disputes between owners of adjoining land concerning the boundaries thereof, but its scope does include disputes between crofters on such matters. It does not deal with the Crofters (Scotland) Act 1993 regarding succession, the apportionment of common grazings, or decrofting an area of croft land—all of which are within the scope of the

Crofters Commission The Crofting Commission ( gd, Coimisean na Croitearachd) took the place of the Crofters Commission ( gd, Coimisean nan Croitearan) on 1 April 2012 as the statutory regulator for crofting in Scotland. Based in Inverness, it is an executive non-d ...

. When founded, the Scottish Land Court and its judiciary were an administration separate to the

, the

High Court of Justiciary The High Court of Justiciary is the supreme criminal court in Scotland. The High Court is both a trial court and a court of appeal. As a trial court, the High Court sits on circuit at Parliament House or in the adjacent former Sheriff Cou ...

and the sheriff courts. The Judiciary and Courts (Scotland) Act 2008 sought to create a unified judiciary for Scotland, and so the Judiciary and Courts (Scotland) Act 2008 (Scottish Land Court) Order 2017 transferred responsibility for the administration of the court to the Scottish Courts and Tribunal Service, and made the Chairman and Deputy Chairman part of the unified Scottish judiciary under the Lord President.

Divisional Court

The main business of the Court is handled through local hearings through the Divisional Court, which will hear cases at local venues. The hearings are not required to be held in local sheriff courts; they may be heard in

village hall A village hall is a public building in a village used for various things such as: United Kingdom In the United Kingdom, a village hall is usually a building which contains at least one large room (plus kitchen and toilets), is owned by a local ...

s and other similar venues. Hearings at the Divisional Court can involve one of the Agricultural Members of the Court, supported by the Principal Clerk as legal adviser, or one of the legally qualified Chairman or Deputy Chairman. The decision is made by the Member, whether agricultural or legally qualified. Cases are remitted to the Agricultural Members when the Court decides they are suited to make a decision. A hearing can take two alternative formats: a proof or a debate. A proof is the standard form of civil hearing in Scotland, where the parties get a chance to prove their case. At a proof, evidence is presented and witnesses can be called. In a debate, there is only a hearing of legal arguments, and no witnesses are called. Debates are used where the primary concern is a

question of law In law, a question of law, also known as a point of law, is a question that must be answered by applying relevant legal principles to interpretation of the law. Such a question is distinct from a question of fact, which must be answered by reference ...

. The Member responsible for the Divisional Court can inspect the property involved in the dispute, and will usually do so at the end of a hearing. The purpose of the inspection is for the Member (and the Principal Clerk, where the Divisional Court is presided over by an Agricultural Member) to fully understand the evidence and to make a decision with a proper understanding of the nature of the dispute. No new evidence will be heard or taken during an inspection. An inspection may be unaccompanied (neither party present) or accompanied (with both parties present). Decisions of the Divisional Court may be appealed to the Full Court. The appeal is not an opportunity for a rehearing of the case, but is an opportunity to challenge a wrong decision made by the Divisional Court. This challenge will usually be on a

. In very limited circumstances, and where important information was not put to the Court at first hearing, it is possible to seek a rehearing. At a rehearing the Court will need to know the reasons for the information not being presented at the original hearing.

Full Court

Appeals against decision of the Divisional Court are heard by the Full Court: all the Members of the Court meet in a single hearing. The Full Court will normally be chaired by either the Chairman or the Deputy Chairman, and will include any Member not involved in the initial hearing at Divisional Court. Some disputes are heard at first hearing in the Full Court; such cases may be appealed to the

Scottish Land Commission

The

Scottish Land Commission The Scottish Land Commission ( gd, Coimisean Fearainn na h-Alba) was established by the Scottish Government following the passage of the Land Reform (Scotland) Act 2016 by the Scottish Parliament; the Commission also incorporates the work of the T ...

has been established to review land usage, ownership, and management in Scotland, as well as reviewing the legislation as part of the agenda of

land reform Land reform is a form of agrarian reform involving the changing of laws, regulations, or customs regarding land ownership. Land reform may consist of a government-initiated or government-backed property redistribution, generally of agricultural ...

. The Tenant Farming Commissioner has a specific jurisdiction related to landlords and tenant farmers. The Tenant Farming Commissioner has powers described by the

Land Reform (Scotland) Act 2016 The Land Reform (Scotland) Act 2016 is an Act of the Scottish Parliament which continues the process of land reform in Scotland following the Community Empowerment (Scotland) Act 2015. It is notable for granting Scottish ministers the power to f ...

. The '' Press and Journal'' newspaper reported on 8 April 2017 that Bob McIntosh, the first Tenant Farming Commissioner, hoped that the Codes of Practice he would develop would help tenants and landowners to resolve disputes without recourse to the Scottish Land Court. He stated that he would be able to investigate instances where a landlord or tenant had not complied with the Codes of Practice, following the lodging of a formal complaint.

Judges and office holders

The Court is led by the Chairman, who is legally qualified and ranks as a Senator of the College of Justice, with a Deputy Chairman, who is also legally qualified, and holds office as an

. There are two additional Members who are experienced in farming and crofting matters. The running of the court is under the control of the Principal Clerk, who is a qualified lawyer, and will advise the Agricultural Members when they sit as a Divisional Court. As of April 2017 the Land Court was made up of: * Lord Minginish is also the Gaelic-speaking member of the Court, as required by Section 1(5) of the Scottish Land Court Act 1993.

Chairman

The Chairman of the Scottish Land Court is also appointed President of the

, and has the same rank and tenure as a Senator of the College of Justice, but does not number as a member of the

. The office of Chairman was created with the founding of the Scottish Land Court in 1991 under the Small Landholders (Scotland) Act 1911. The Chairman is legally qualified, and must satisfy the same eligibility criteria as a Senator: that is, they must have served at least five years as

, and have been either an

for five years, or a

with five years rights of audience before the Court of Session or

, or been a

for ten years (having passed the examination in civil law at least two years before application.) The Chairman is supported by a Deputy Chairman, who holds the office of

. , the Chairman of the Scottish Land Court is Lord Minginish who was appointed by the

Monarch A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...

on 1 October 2014, having previously served as Deputy Chairman. His nomination by

First Minister A first minister is any of a variety of leaders of government cabinets. The term literally has the same meaning as "prime minister" but is typically chosen to distinguish the office-holder from a superior prime minister. Currently the title of '' ...

Alex Salmond Alexander Elliot Anderson Salmond (; born 31 December 1954) is a Scottish politician and economist who served as First Minister of Scotland from 2007 to 2014. A prominent figure on the Scottish nationalist movement, he has served as leader ...

was made following a recommendation of the Judicial Appointments Board for Scotland. At the same time he was also appointed by the Scottish Ministers as President of the Lands Tribunal for Scotland.

Previous Chairmen

Previous chairmen of the Land Court have been: * 1912–18:

Lord Kennedy Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...

* 1918–34: Lord St Vigeans * 1934–38: Lord Macgregor Mitchell * 1938–41: Lord Murray * 1941–65: Lord Gibson * 1965–78: Lord Birsay * 1978–92: Lord Elliott * 1993–96: Lord Philip * 1996–2014: Lord McGhie * 2014–present: Lord Minginish

Agricultural Members

The Agricultural Members (also called "practical Members") are lay (not legally qualified) members of the Court with significant experience of

. They deal with many

cases, and sit in the Divisional Court, where they are supported by the Principal Clerk as legal assessor. However, the decisions of the Divisional Court rest with the Agricultural Member. They hear cases throughout Scotland, and are expected to work on average three days a week. By statute they must retire at the age of 70. Agricultural Members will need to travel to the place where the dispute has arisen in order to conduct an Inspection. Sometimes they have to spend considerable time away from home. For instance, in 1913 the Divisional Court sat in

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for 3 months.

Principal Clerk

The Principal Clerk is a legally qualified

who is responsible for the running of the Court and for advising the Agricultural Members when they sit as the Divisional Court. The Principal Clerk is also responsible for the administrative staff of the Court, who are based at the Court's headquarters in Edinburgh. , the Principal Clerk was Barbara Brown, who was a qualified solicitor and a member of the Law Society of Scotland.

Decisions

Decisions of the Scottish Land Court have varied in format since its inception. Between 1913 and 1963, they were published as a supplement to the Scottish Law Review and Reports of Sheriff Court Cases. Since 1982, the Land Court has produced its own volumes of reported decisions each year. From 1964, decisions of the Court have also been reported in the Scots Law Times, in a section dealing with Land Court cases. Additionally, under the terms of s.18 of the 1886 Act, the Court was obliged to make an annual report to the Secretary of State for Scotland on its proceedings, which would then be presented to Parliament. The court also maintains an online digestViewable at http://www.scottish-land-court.org.uk/digest.html . of all cases, which are organised under the following categories: * Agricultural holdings – Rent * Agricultural holdings – Notices to quit * Agricultural holdings – Certificates of bad husbandry * Agricultural holdings – Agricultural subsidies appeals * Agricultural holdings – Others * Crofts – Status * Crofts – Purchase * Crofts – Rents * Crofts – Resumption * Crofts – Decrofting Directions – Appeals * Crofts – Others * Cottars * Procedure and Expenses

References

Notes

External links

* {{CourtsScotland2 1912 establishments in Scotland Agriculture in Scotland Organisations based in Edinburgh Scots property law

Land Court Land court or land claims court is a type of court which is charged with dealings over cases involving land titles and for disputes between landlords and tenants relating to agricultural tenancies. The exact field of jurisdiction varies by country ...

Real property law

Land Land, also known as dry land, ground, or earth, is the solid terrestrial surface of the planet Earth that is not submerged by the ocean or other bodies of water. It makes up 29% of Earth's surface and includes the continents and various islan ...

Scottish Courts and tribunals established in 1912