Farm eviction notice dismissed after 'inexcusable' 19-year legal delay

A Scottish court has dismissed an eviction notice issued to a tenant farmer after the landlord delayed court action for nearly two decades.

Stewart Miller of Flenders Farm in Clarkston was handed the reprieve by the Scottish Land Court following the “inordinate and inexcusable delay”.

Lord Duthie and John Smith, a farming expert who sits on the Court, ruled that the delay caused a substantial risk that a fair hearing was no longer possible.

An eviction application was first submitted by Major John Carmichael Kirkpatrick Young in 2006 to terminate the tenancy of Matthew Miller, who passed away the following year.

Mr Miller’s son, Stewart Miller, inherited the tenancy under the Agricultural Holdings (Scotland) Act 1991 – a move that was objected to by Major Young.

Due to Major Young’s deteriorating health, a power of attorney was granted in September 1996, with James Alister Aitkenhead acting as his attorney.

The court heard that virtually no procedural steps were taken between 2009 and 2022, with a conditional settlement agreed in 2010 between Mr Miller and the landlord, which would have dismissed the application, sold part of the farm to the tenant, and allowed for possible development of the land.

The agreement fell through when the required third-party consents were not granted.

The case remained dormant for over 12 years following the failed settlement, with the court only intervening in December 2022 to require parties to lodge proposals for further procedure.

Major Young passed away in November 2024.

As well as the landlord, five out of the eight key witnesses have also since died, with the whereabouts of the sixth person – a contractor who had discussed repairs on the farm with the landlord – remaining unknown.

The Scottish Land Court said the remaining two witnesses would have to recall conversations from nearly 40 years ago and that evidence relating to rent reviews, repair costs and correspondence has been lost or is no longer available.

Lord Duthie and John Smith found that the delay satisfied the three-part test required for dismissal.

In the ruling, they described the delay as “inordinate, inexcusable and has resulted in a substantial risk that a fair trial is no longer possible”.

Following the determination, Stewart Miller said: “After 19 years of uncertainty hanging over my head, I am relieved that this long-running case has finally come to an end.

“My family has farmed this land for over 140 years, and we can now focus on what we do best without this legal battle consuming our time and energy.

“I look forward to having meaningful discussions with the landlord’s representatives about the farm and how we can work together constructively in the future.”

Craig Donnelly, a litigation director with Holmes Mackillop, who acted for Stephen Miller, added: “This appears to be the first reported case from the Scottish Land Court confirming that it has the inherent power to dismiss proceedings for inordinate and inexcusable delay.

“The decision serves as an important reminder to pursuers and applicants that the onus is on them to progress an action timeously – there is no burden on a defender or respondent to push matters forward on behalf of the other party.

“Delay of this magnitude, particularly where key witnesses have died, and crucial documents are no longer available, undermines the fundamental right to a fair trial.”