Decisions

Once the Court has had the opportunity to consider carefully all the evidence and submissions presented at the hearing, together with its own impressions from any inspection of the holding concerned, it issues its decision in the form of an Order and Note.

What is an Order?

A written Order formally sets out the Court’s legal decision on the case. An accompanying Note normally details the evidence and submissions, and gives the Court’s reasoning for reaching the decision.

The Court’s Final Order may require a party to the dispute to do something; for example, to pay over a certain amount of money, or to erect a fence around an area of ground. The party is obliged to comply, and the Order can be enforced against him by the Court if it is not fulfilled.

The Court sends a copy of the Order to all the parties to the case by Recorded Delivery letter.

What if I am dissatisfied with the Court’s decision?

Whether you are the applicant or any other party to a case and you believe that the Court has come to a wrong conclusion, then you may appeal against the decision.

If the case was heard by the divisional court you may appeal to the full court. Otherwise you may appeal to the Court of Session. You must lodge your appeal within 4 weeks of the Court issuing its decision.

Rules regarding appeals are set out in full in Rules of Court 64 to 73 and 83 to 87. For appeals to the Court of Session in terms of section 88 of the Agricultural Holdings (Scotland) Act 2003 you should refer to the current Rules of the Court of Session. The time limit for such appeal is 28 days.

If you find out that important information was not put before the Court at the hearing, you may in certain circumstances defined in Rules of Court 74 to 81 be entitled to seek a rehearing. You must do so within 4 weeks of the issue of the decision, unless there are special circumstances. The Court will want to know why information was not presented at the first hearing. Procedure by way of rehearing does not apply where the application to the Court was itself an appeal, for example an appeal from a decision of the Crofting Commission.

Where can I find previous decisions of the Court?

You can find reported decisions of the Land Court in one of four sets of reports:

  1. Scottish Land Court Reports 1913–1963.
  2. Scottish Land Court Reports 1982 to date.
  3. Scots Law Times 1964 to date.
  4. Appendices to the Scottish Land Court Reports 1912–1981.

You will find more details about these publications in the Court Decisions section of this site.

The Court also publishes important decision on this web site. You will find these on the Recent Decisions page.