Lewis Kermack, Senior Associate here at Turcan Connell, discusses the decision that the Scottish Government acted illegally in introducing legislation relating to agricultural tenancies in 2003 with Scottish Property News. The Inner House held that Section 72 of the Agricultural Holdings (Scotland) Act 2003 was not compliant with the European Convention on Human Rights because it breached the landlord's property rights.
Lewis comments that"Turcan Connell were principle instigators in advising landowners to take action to preserve the agreements they had freely negotiated with their tenants from interference from the Scottish Parliament and have steadfastly argued that landlords had been very materially prejudiced by manifestly unfair legislation. It is reassuring to see that the courts will act and preserve the rights of individuals in the face of unfair legislation."
To read the article in full, please see pages 6 and 7 here.