CAMPAIGNERS have attacked a ruling by the UK's highest court that gives wealthy businessmen back powers to force hundreds of tenant farmers off their land.
The London-based Supreme Court's decision provoked anger as popular East Lothian tenant farmer Andrew Riddell, 52, who had been given notice to quit by businessman Alastair Salvesen, was found dead last year.
Mr Salvesen had successfully appealed a Land Court ruling that gave Mr Riddell, a father of three, tenure of the land his family had worked for more than 100 years.
The Scottish Tenant Farmers' Association said the Supreme Court's decision yesterday confirming a Court of Session ruling in relation to Holyrood's Agricultural Holdings Act of 2003 will impact not only the tenants, but their families and businesses.
The judges struck down the act as contrary to European provisions on property rights for landowners.
It means limited partnerships leases can now be ended by landlords and will force MSPs back to the drawing board over the next 12 months as they are forced to rework the legislation.
Chairman Christopher Nicholson said: "This news will come as a bitter blow to those tenants, families and businesses who will be affected by the court's ruling.
"The original legislation was enacted in a genuine attempt to put a stop to limited partnerships being terminated and it is very disappointing that, 10 years on, we are now told that the law is not competent."
Mr Nicolson said their efforts would be now directed towards attempting to safeguard the interests of some 500 members affected by the decision.
He suggested many farming tenants had used the act in good faith, but faced being penalised further.
He added: "We have already been in discussion with government officials to this end and will be working closely with them and other stakeholders in the coming weeks and months."
A spokesman for landowners' body Scottish Land & Estates said they needed to study the judgement properly, but added: "We would suggest that all industry bodies and politicians who have an interest in the case refrain from knee-jerk reactions to what is a complex legal matter.
"We look forward to continuing engagement with the Scottish Government in coming months to find a solution to the matters arising from this case."
The Supreme Court upheld an earlier view by the Court of Session that the legislation passed at Holyrood was unlawful after an appeal by the Scottish Government.
More than 400 people attended a service in memory of Mr Riddell, of Peaston Farm, Ormiston, after his death last autumn. His body was found after he had harvested his final crop.
A Scottish Government spokesman said it was disappointed it had lost its appeal against the Court of Session's earlier decision.
He added: "The court recognised the complexity of resolving this by agreeing to delay the effect of the decision by 12 months, to allow for full consideration and consultation about the way forward
"Due to that complexity and the technical nature of the legislation and private commercial arrangements between individuals we will require to give careful, detailed consideration to legal solutions available to resolve this judgement."
The spokesman said this would be undertaken in partnership with tenants, landlords and the Scottish Parliament.
Last year, land campaigner Andy Wightman said it was time for the Scottish Government to decide whose side it is on in the unequal class struggle between landlords and tenants.
Scottish Liberal Democrat rural affairs spokesman Tavish Scott MSP said: "Tenants facing potential eviction through no fault of their own must be protected. The Scottish Government need to urgently consider how best to do that."
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