Innes & Mackay uncovers link to historic crofting case that inspired land reform in Scotland – Scottish Business News

A Highland law firm has uncovered ties to a historic court case that prompted major changes in Scots law.

Charles Innes, founding partner of Innes & Mackay, secured a verdict of not guilty in the first documented legal victory for Highland crofters – representing three men for their participation in the Bernera Riot of 1874.

The victory is known in legal circles as the beginning of crofters’ ‘fight back’ after the Highland clearances, leading to the Napier Commission and land reform in Scotland.

But Innes & Mackay’s involvement in the case – which took place the same year the firm of solicitors and estate agents was founded – has only just come to light, thanks to trainee solicitor Amy Macleod.

“My family has lived on Bernera for several generations, and Charles Innes’ name is legendary on the island,” said Amy. “There’s even a housing scheme named after him.

“But it was only recently, when researching the 150th anniversary of the riot, that I discovered that the Charles Innes I grew up hearing tales of was the same man that founded the law firm where I now work!”

Great Bernera – known simply as Bernera – is a small island off the coast of the Isle of Lewis, home to fewer than 300 residents.

The landmark legal case stemmed from an eviction notice served to 57 crofters on the island by Sir James Matheson, then owner of Lewis, via the Chamberlain of Lewis, Donald Munro.

Amy explained: “Donald Munro was already an unpopular character on Bernera. So when his men served the eviction notices, the community was understandably outraged at losing their livelihoods.

“Some crofters approached the men serving the notices as they returned to their boat on March 24, 1874, and during the encounter, one of the officer’s oilskins was ripped.”

On April 8, crofter Angus Macdonald was arrested while visiting Stornoway for his part in the incident. With Macdonald resisting arrest and subsequently taken to prison, the Riot Act was read as a large crowd gathered.

“When word of Angus Macdonald’s arrest reached Bernera,” continued Amy, “a group of croters marched 27 miles to Stornoway to demand an audience with Sir James Matheson to voice their protest.

“Angus Macdonald, Norman Macaulay and Iain Macleod then received summonses to appear in court to be charged with the assault of Colin Maclennan, the Sheriff Officer who had served the eviction notices.

“Charles Innes represented the three men on July 17 and 18 – holding his own against the prosecution until 10 pm, when the judge delivered a verdict of not guilty.”

To mark the 150th anniversary of the Bernera Riot, the Bernera Community Association and Bernera Museum will hold a 27-mile commemorative walk on September 7, 2024 – supported by Innes & Mackay.

Participants will enjoy a party in the Bernera Community Hall after the walk.

Laura Cormack, director of property law and conveyancing at Innes & Mackay, said: “When Amy came to us and told us about the incredible connection between our firm and the Bernera Riot – both celebrating their 150th anniversaries this year – we were amazed.

“It seemed like such a coincidence that someone so involved in the community on the island would end up working at the same firm that represented her fellow islanders all those years ago.

“At Innes & Mackay, we have always held the community in the highest regard – so this story about one of our founding partners standing up for those facing injustice leaves us feeling incredibly proud of our heritage as we look to the future.”

Norma Macleod, the Bernera Community Association chairperson, added: “The Bernera Riot is an important event not just in our community but in Scottish history.

“It was the first chance crofters had to stand up to the establishment following the Highland clearances, proving there is strength in standing together against injustice.

“We are looking forward to marking this historic event in September with a walk along the route taken by the crofters to Lewis and are grateful to Innes & Mackay for their support in organising the event and helping to shine a light on this key moment in Scottish history.”

Innes & Mackay has been a constant presence in the Highlands for 150 years, providing a wide range of legal services to clients across the region from its base in Inverness.

The firm provides high-quality legal advice in property and land law, estate agency, family law, powers of attorney, wills, executries, and legal aid.