Landmark rent dispute case gets underway

A LANDMARK case relating to aspects of a farm tenancy kicked off in the Scottish Land Court in Edinburgh yesterday.

The result will be the determination of rent on a Fife arable farm, but the significance is that it will be the first case to be determined through the court under the relevant section of the Agricultural Holdings Act (Scotland) 2003.

Rental values have been a matter of considerable dispute in a number of cases in recent years, but until now no-one has taken the bold step to go to the Scottish Land Court, which is the ultimate arbiter.

The case, Paterson versus Morrison Low, concerns the 500-acre Moonzie Farm near Cupar, rented by Ian Paterson and his son Scott from their landlord, the Morrison Low family.

The tenancy is a traditional one and has been the subject of a high-profile legal dispute. It was contested after the deaths of each of Ian Paterson's parents and resolution was only reached after the case was brought to court. The case is of such complexity and importance that the Scottish Land Court has allocated all of this week and next week for the hearing.

A string of expert witnesses from the Scottish land agency and agricultural consultancy professions are lined up to give evidence.

Much of this is likely to be complex in the extreme, with attribution of single farm payment entitlements likely to feature.

Lord McGhie is chairing the court and will be sitting with Land Court members John Smith and David Houston.