Land Court Case

April 2010

Hendersons have recently been involved in a Land Court case - the outcome of which could prove to be a land mark decision.  Acting on behalf of the Tenant, Hendersons worked with Sir Crispin Agnew Q.C. in pulling together the information in support of the case. 

One of the main issues within the case is whether or not Single Farm Payments belong to the Tenant or should be something which the Landlord is entitled to a share of through the rent.  This is the first time a rental determination is to be considered by the Scottish Land Court since the Scottish Parliament approved new agricultural holdings legislation in 2003, and is also the first time Single Farm Payment has been a factor since its introduction in 2005. 

Final submissions have now been heard, but it will probably be a further 6 to 8 weeks before a final decision will be released.

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