Tag Archives: Inksters

No let up on the Common Clearances crisis whilst on holiday!

No let up in the Common Clearances whilst in Morocco

Could I really escape the presence of the Crofting Commission in Morocco?

I have been in Morocco on holiday for the past couple of weeks. The run up to getting away and being away has meant a lull in reporting by me on The Common Clearances.

The last time I was in Morocco coincided exactly with the Scottish Government’s one week consultation period on the Crofting (Amendment) (Scotland) Bill. A bill that arose from the Decrofting Debacle unnecessarily and unjustifiably created by the Crofting Commission. Notice a theme?

I spent that week writing detailed submissions and drafting a better (in my view) bill for the Scottish Government and submitting it to them from Marrakech. A civil servant was to later tell me that my intervention was unhelpful. No doubt the same view is taken in the corridors of Saughton House and Great Glen House over my comments on The Common Clearances.

But it has been said that we provide a clear and understandable source of information at the Crofting Law Blog, something that you cannot get from the Crofting Commission (see ‘A Happy Crofter‘).

I decided, this holiday in Morocco, to actually have a holiday. Now I am back a quick look at the internet tells me there has been no let up in the Common Clearances crisis. As far as I can glean, so far, since I last blogged:-

  • The Crofting Commission held a meeting in Lewis with shareholders of the Mangersta Common Grazings which was chaired by Commissioner William Swann but “marred by a menacing presence” in that the Convener of the Crofting Commission, Colin Kennedy, turned up unexpectedly to observe proceedings despite having declared a conflict of interest.
  • Members of the ousted Upper Coll Grazings Committee applied for an interim interdict against the appointment of the Grazings Constable at Inverness Sheriff Court and that was refused.
  • John Finnie MSP has asked questions about the situation in the Scottish Parliament which have been answered in a fairly neutral manner by Cabinet Minister Fergus Ewing MSP.
  • Further parliamentary questions have been asked by John Finnie MSP and Rhoda Grant MSP about the issue with answers anticipated to be given by Fergus Ewing MSP on 23 June 2016.
  • Patrick Krause, Chief Executive of the Scottish Crofting federation, has written about ‘The Spirit of the Law – The inexplicable case of a public body confusing legal dogma with good sense’.
  • It was reported on Radio nan Gàidheal that another grazings committee has been put out of office by the Crofting Commission, this time on the Scottish mainland.
  • It was also reported by Radio nan Gàidheal that a grazings committee in South Uist has put themselves out of office to avoid any difficulties that may be encountered with being regulated by the Crofting Commission.
  • Commissioner William Swann has resigned from the Crofting Commission.
  • Propaganda about ‘the role of grazings committees in representing shareholders’ has been published by the Crofting Commission.
  • The former and ousted Convener of the Crofting Commission, Susan Walker, has written in the West Highland Free Press about the situation.
  • The Upper Coll Grazing Constable (illegally appointed in my view) has issued a letter to the press.

I will try to catch up on all of these developments on this blog in some detail, and share my thoughts on each, over the coming weeks. Do let me know if I have missed anything.

I also have to tell you on this blog about Inksters’ new and enhanced crofting law team (you may have read about that elsewhere before now).

So keep an eye on the Crofting Law Blog over the next few weeks for, as the ‘Happy Crofter‘ put it, an “invaluable source of information that [is] virtually impossible to find anywhere else”.

Brian Inkster

Update – 13 June 2016: The Crofting Law A-Team

Update – 14 June 2016: ‘A Menacing Presence’

Update – 15 June 2016: Common Grazings and the Spirit of the Law

Update – 16 June 2016: Crofting Commissioner Resigns over situation the Scottish Government and Crofting Commission need to sort out

Crofting Law Hustings

Crofting Law Hustings at the Signet Library

The calm before the crofting law storm at the Signet Library!

Part of this year’s Crofting Law Conference (organised by the Crofting Law Group in association with the WS Society) will take the form of a hustings on crofting law. With the Scottish Parliamentary Elections looming there is great interest in crofting circles as to what the next Scottish Government might do to resolve the many problems in existing crofting legislation identified by The Crofting Law Sump Report.

The conference will take place at the Signet Library in Edinburgh on 17th March 2016 and is Chaired by Sir Crispin Agnew of Lochnaw Bt., QC, Chairman of the Crofting Law Group.

Brian Inkster, Hon Secretary of the Crofting Law Group, will provide an introduction as to where we are at with ‘The Crofting Law Sump’. Then Dr Aileen McLeod MSP, Minister for Environment, Climate Change and Land Reform will keynote on the current Scottish Government’s position on crofting law. She will be followed by the ‘Views on Crofting Law from the Opposition’ from MSPs and representatives from other political parties. The crofting law hustings will culminate with an opportunity for delegates to put their own questions to the panel in a ‘Crofting Question Time’ session. Participants are:-

  • Jean Urquhart MSP, Independent (moderating ‘Crofting Question Time’)
  • Rob Gibson MSP, Scottish National Party
  • Rhoda Grant MSP, Scottish Labour
  • Tavish Scott MSP, Scottish Liberal Democrats
  • Donald Cameron, election candidate for Scottish Conservative and Unionist Party
  • Andy Wightman, election candidate for Scottish Green Party

Following on from the crofting law hustings several recognised specialist speakers will present on Crofting Succession and Crofting Mortgages and representatives from both the Crofting Commission and Registers of Scotland will be there to discuss current issues. There will also be a case law update. Speakers and panellists include:

  • David Findlay, Solicitor, Crofting Commission
  • Rod Maclean, Solicitor, Murchison Law
  • Jill Clark, Head of Civil Law Reform Unit, Justice Directorate, Scottish Government
  • Eilidh Ross MacLellan, Solicitor, Inksters
  • Catriona Maclean, Chief Executive, Crofting Commission
  • Martin Corbett, Head of Policy Development, Registers of Scotland
  • Rhona Elrick, Registers of Scotland
  • Donald Cameron, Westwater Advocates

WS/CLG member: £180 + VAT
Non-member: £205 + VAT
Trainee/student/retired: £115 + VAT

All rates include lunch at the Signet Library.

To book, please contact Nicole Hatch at the WS Society:-

0131 220 3249

E-mail: nhatch@wssociety.co.uk

Download: crofting law conference booking form

The event is supported by First Title and Wesleyan

All quiet on the crofting law blog

All quiet on the crofting law blogThere have not been any posts for a while on the crofting law blog. That is not because nothing has been happening in the world of crofting law. It is simply because the crofting lawyers at Inksters have been somewhat occupied over the past few months with activities that have kept us away from blogging. Inksters have moved into a new HQ in Glasgow and expanded staff numbers by four including a Gaelic speaking solicitor based in Glasgow and an Estate Agent based in Portree who will enhance the service Inksters can provide to crofters selling their crofts in Skye and Lochalsh and the surrounding areas. The new Estate Agent will also cover Inverness-shire, Fort William and Oban. Eilidh Ross of Inksters’ Portree and Inverness offices has been on maternity leave with Brian Inkster and Martin Minton covering for her during that period. Eilidh is now back at work from the beginning of May.

With things settling back into place we will be able to catch up with some crofting law blog posts on here. Indeed we have at least five in the pipeline: A Review of crofting law in 2013 and a glimpse at what 2014 may have in store (an article from Brian Inkster that first appeared in the Scottish Legal News Annual Review 2014); ‘To buy or not to buy?’ and ‘Did the 2010 Act Equalise Availability of Crofting Grants?’ both by Eilidh Ross; a guest post on owner-occupier crofters by Derek Flyn; and a post by Brian Inkster on the recent Land Court decision on whether resumption of part of a common grazings triggers registration in the Crofting Register of all crofts with a share in that grazings.

So keep an eye on the crofting law blog over the next few weeks as things will be far from quiet here in May.

Brian Inkster