Decision of the Scottish Land Court

James Christie (Appellant)
v
The Scottish Ministers (Respondent)

Case reference SLC/64/23
before
Lord Duthie, Chairman
17 August 2023

The grounds of the appeal are currently extremely briefly stated. It is not possible to form a view on whether the decision appealed against might realistically be expected to be changed or set aside on appeal. The appellant should therefore provide a full statement of the following:-

(a) the grounds of appeal;

(b) what finding of the Scottish Ministers is challenged;

(c) any facts the beneficiary seeks to rely on;

(d) the arguments to be advanced in support of the appeal; and

(e) brief details of the legislative provisions or judicial authorities to be referred to in relation to the appeal.

The precise form of the statement is less important than its contents. It should be sufficiently detailed so as to permit the Court to form a view as to whether the decision appealed against might realistically be expected to be changed or set aside. It should engage fully and meaningfully with the findings of the Review Meeting Report dated 30 May 2023. To the extent the appeal relates to any question of fact, the appellant should identify what evidence he would seek to present to the Court.

Note

This appeal was subsequently withdrawn but the Court hopes that this decision will be a useful reminder of what is required when lodging an appeal of this type.