Farm eviction notice dismissed after 19-year legal delay

An eviction notice for a tenant farmer on the outskirts of Glasgow has been dismissed because the landlord delayed court action for nearly 20 years.

The Scottish Land Court agreed with lawyers for Stewart Miller of Flenders Farm that the delay has been "inordinate" and "inexcusable" and therefore raised a substantial risk to the fairness of a trial.

Both of the original parties involved in the 2006 eviction notice - farmer Matthew Miller and landlord Major John Carmichael Kirkpatrick Young - have since died, as have five witnesses.

Stewart Miller took over the farm after his father's death in 2007, while Major Young died two years ago.

Flenders Farm stands between Clarkston and Newton Mearns.

Executors for the dead landlord's estate claimed that the tenant had not paid rent during the delay, but failed to win their case for a fair trial.

As well as the five deceased witnesses, the whereabouts of a sixth was unknown.

The Scottish Land Court said the remaining two witnesses would be required to try and recall conversations going back as far as 1986, undermining the reliability of any evidence heard.

Stewart Miller said the legal concerns had been consuming his time and energy for nearly two decades.

He 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."

The eviction notice was first sought in May 2006, the year before Matthew Miller died.

By 2010, his son Stephen had reached an agreement with the landlord for a conditional settlement agreement which would have dismissed the application, sold part of the farm to Miller, and allowed for possible development of the land.

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

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

Power of attorney had been in place for Major Young since 1996, letting lawyers act on his behalf, and his health had been deteriorating since the early 2010s.

Lord Duthie and John Smith, a farming expert who sits on the court, found that the delay satisfied the three-part test required for dismissal.

This was that the delay it was inordinate, inexcusable, and created unfairness amounting to a substantial risk that a fair trial was no longer possible.

Craig Donnelly, a litigation director with Holmes Mackillop who acted for Stephen Miller, said: "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."