M'Coll v. Beresford's Trustees

The rules of the Scottish Land Court provide:—Rule 90—“Any party whose interests are directly affected by a final order pronounced in an application may move the Court on one or more of the grounds enumerated in rule 95 to order that the application shall be re-heard, in whole or in part, upon such terms and conditions or otherwise as the Court shall think right.”

Rule 95—“A motion for re-hearing may be made upon one or more of the following grounds—… (3) That the party moving was prepared to adduce pertinent and important Page: 322 ↓

Rule 98—“When the Court are satisfied that if an order or orders complained of are allowed to stand, a substantial wrong or miscarriage of justice which cannot by any other process be so conveniently remedied or set right is likely to be thereby occasioned, they may order a re-hearing of the application, before answer or otherwise, in whole or in part, in such manner and on such terms and conditions as they shall think just.”

John M'Coll, 14 West Laroch, Ballachulish, appellant , presented an application to the Scottish Land Court craving an order to find and declare that he was a landholder or a statutory small tenant of certain subjects of which F.C. Beresford and others, trustees of Sir George de la Poer Beresford respondents , were proprietors, and to fix a fair or alternatively an equitable rent for his holding.

By joint minutes the parties agreed that certain evidence given before the Crofters Commission in the cases of certain other holders of land on the same estate, so far as relevant, should be incorporated as evidence in the present case.