NO ORDINARY COURT: 100 YEARS OF THE SCOTTISH LAND COURT. Ed The Scottish Land Court Edinburgh: Avizandum Publishing Limited (www.avizandum.com ), 2012. xiii + 203 pp. ISBN 9781904968511. £16.95.

DOI10.3366/elr.2013.0148
Pages111-113
Published date01 January 2013
AuthorCatherine Bury
Date01 January 2013

“The crowded agenda of today's Court may not leave much space for the commemoration of the Court's beginnings. But if its Chairman and members felt it appropriate to make some such gesture during the Court's centenary year in 2012, they might do worse than make a collective pilgrimage to the Skye district of Braes” (1).

On 28 April 2012, the Chairman, members and staff of The Scottish Land Court took up the suggestion of Professor James Hunter, Emeritus Professor of History at the University of the Highlands and Islands and did just that, with a visit to Skye. This was followed by the launch of No Ordinary Court commemorating the centenary of the Court with contributions by academics, past and present members and staff of the Court, and others with a court connection, all of whom are willing to vouch for the unique events leading to its creation, and its historical and contemporary importance in the world of Scottish agricultural holdings.

The clearances in the Highlands and Islands in the nineteenth century are well documented, but in Braes in Skye, the conflict became nationally newsworthy when crofters objected to being deprived of an area of hill grazing. An essential part of the crofters’ livelihoods, the grazings were intended by their landlord Lord Macdonald of Sleat to be used as a sheep farm. The following outbreaks of violence in 1881 and 1882 were representative of the widespread unrest in many townships of the Highlands and Islands. This led to the establishment of a Royal Commission of Inquiry, which ultimately gave rise to the passing of the Crofters Holdings (Scotland) Act 1886. The new legislation gave crofters security of tenure, and rights to bequeath their croft and to compensation for the improvements they had made. Originally the statutory regime was enforced by the Crofters Commission, but in 1912 it was replaced by the Scottish Land Court. Since then the Court has gradually extended its remit.

The first three chapters of No Ordinary Court are written by Professor Hunter, Keith Graham former Principal Clerk of the Land Court and Ewen Cameron, Professor of History at the University of Edinburgh respectively. Together they give a good summary of the establishment of the Court and its first years. An accessible summary of the complex legislation governing agricultural holdings is given later in the book by Sir Crispin Agnew of Lochnaw QC, and describes the increasing jurisdiction of the Court from 1912 until today when it is the forum...

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