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04
Apr
2017

Human rights success for tenant farmers!

In RA McMaster v Scottish Ministers 2017 CSOH 46 Scott was successful in acting for a group of Scottish tenant farmers who brought  a human rights challenge to the failure of the Scottish Ministers to compensate them for losses arising from the loss of security of tenure enjoyed by them under legislation passed by the Scottish Parliament which was later found to be in breach of the ECHR. That legislation, section 72(10) of the Agricultural Holdings (Scotland) Act 2003, was held to breach the human rights of the landlords in the decision of the Supreme Court in Salvesen v Riddell 2013 SC 69. Along with Sir Crispin Agnew of Lochnaw QC of Westwater Advocates, Scott prepared and presented submissions which demonstrated that the failure to compensate the farmers amounted to a breach of their right to peaceful enjoyment of possessions. The case could have major implications across a wide range of fields as it has recognised that the state many have a liability under human rights law to compensate those who rely on legislation which is subsequently found to be defective. The case is a further example of the expertise of Scott in human rights matters, an expertise already recognised by his appointment to the A List Panel of  Counsel of the Equality and Human Rights Commission as well as by a portfolio of human rights cases from the Sheriff Court to Strasbourg. To read the judgment click here

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