REAR VIEW
REAR VIEW
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The law at a glance
Scottish Agricultural Law Handbook by Somerled M Notley, £90
agricultural law were well served with excellent texts, principally by Gill, Rennie and Agnew. Until now, however, no author has written a book to explain the recent developments in agricultural law. In his preface, Notley explains that his intention was to write a book which was directed not just at specialist lawyers but also at non-specialist lawyers, land agents and others with an interest in this area of law. The book is set out in 10 self-contained chapters, with sensible headings dealing with issues ranging from types of tenancy to resolution of disputes. Notley provides a summary of key issues, along with an introduction setting out the background to the legislation, before dealing with the detailed analysis. This format makes the text easier to follow and sets each chapter in context. It is possible to establish in the first couple of pages of each chapter whether the matter on which an answer is required is dealt with in that chapter and, indeed, where it may be found. The style of writing is not unduly legalistic and, while it clearly helps to have a background knowledge of the issues involved,
P
rior to the Agricultural Holdings (Scotland) Act 2003, practitioners in the notoriously complex area of
the succinct explanation of the different areas, allied to the highlighting
of certain key words in each chapter will appeal to a wider readership. While writing an article on diversification, I had cause to check the legal position under Part 3 of the 2003 Act. Notley has devoted a chapter to this and has set out 10 sections, all of which explain the relevant statutory requirements, as well as making appropriate references to the two important Land Court cases (Cawdor Trust v Mackay and Grant v Glengarry Estate Trust).
In that situation, I did not require to use the index, which is comprehensive. So, too, are the tables of statutes and cases. These features, along with an appendix which includes full texts of the Agricultural Holdings (Scotland) Act 1991, the Agricultural Holdings (Scotland) Act 2003 and relevant parts of the Agriculture (Scotland) Act 1948 and the Succession (Scotland) Act 1964, provide all the required tools for a worthwhile handbook. One of the problems of writing any legal textbook is that it is quickly out of date. Notley had to decide on a cut-off date and he expressed the law as at 1 October 2009. Since then, the Tenant Farming Forum has recommended to the Cabinet Secretary a
package of agreed amendments, which will affect both the 1991 and 2003 Acts. It is expected that these will be enacted during 2010 or 2011. During late March 2010, the Court of Session handed down two judgements (The Colstoun Trust v The Firm of AC Stoddart & Sons and The Mount Stuart Trust v McCulloch) which are of some relevance (and were referred to in the Court Roundup in April’s issue of Landbusiness). The Land Court just issued its judgement on an application for determination of a rent review (Morrison-Low v Paterson’s Executors) and the Court of Session will shortly be hearing an appeal concerning the right to assign a secure tenancy (Ladykirk Estates v Fleming). These cases show that the law is constantly evolving and that the handbook should be used with this in mind. Does Notley’s Handbook do what it says on the tin? It is clearly a handbook to be picked up and referred to for a readable summary of the legal position as at October 2009, and he has to be applauded for producing a text that is not just for the academics or the specialist agricultural lawyers. The style is user friendly, while all the essential tools are available, thus providing the land agents, non-specialist lawyers, farmers and landowners with a practical and accessible guide to this complex area. Notley and his publishers, Avizandum, are to be congratulated for producing a hardback edition which is reasonably priced compared with specialist legal volumes.
LB RICHARD BLAKE WS, LEGAL ADVISER
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LANDBUSINESS ISSUE 36 JUNE-JULY 2010
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