§ Lord Northfield
asked Her Majesty's Government:
Whether they have considered the decision of the Dornoch Sheriff Court in November 1989 concerning the definition of "enclosed land"; and, since this decision appears to overturn the definition as previously understood and applied, what action they propose in order to clarify the law on this matter.
§ The Lord Advocate (Lord Fraser of Carmyllie)
The decision of the sheriff at Dornoch to acquit two men charged with several contraventions of the Deer (Scotland) Act 1959 is not considered to disturb the understood meaning of enclosed land in Scotland. An appeal by way of stated case was taken but abandoned in view of the particular facts found proved or agreed by the sheriff. The verdict does not interfere with the judgment in the English case ofJemmison v. Priddle 1972 Aller 541, which settled the definition of enclosed land within the meaning of the Game Licences Act 1860 and accordingly, no action is considered necessary to clarify the law.