Tummel Valley Leisure v Sudjic [2011] ScotCS CSIH_82 (08 December 2011)
The erection of decking by the riparian proprietor materially interfered with the respondents' right to fish by fly in the most productive part of the Moulinearn Pool, breaching their accessory right to use the bank for fishing; the right to fish encompasses all lawful techniques, and interference with any such technique constitutes actionable infringement.
- Citation
- [2011] ScotCS CSIH_82
- Parties
- Pursuers and Respondents: Tummel Valley Leisure Limited; Defender and Appellant: Branislav Sudjic
- Jurisdiction
- Scotland
- Judgment Date
- 08 December 2011
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal refused
- Legal Topics
- Riparian Rights, Interference With Fishing Rights, Accessory Rights to Land, Salmon Fishing Methods
Case Brief
Summary, issues, holding and outcome
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Parties
Tummel Valley Leisure Limited
Pursuers and Respondents
Branislav Sudjic
Defender and Appellant
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether obstruction by decking materially interferes with salmon fishing rights
- 2 Whether right to fish includes right to fish by fly as well as spinning
- 3 Whether delay bars remedy
Ratio Decidendi
The erection of decking by the riparian proprietor materially interfered with the respondents' right to fish by fly in the most productive part of the Moulinearn Pool, breaching their accessory right to use the bank for fishing; the right to fish encompasses all lawful techniques, and interference with any such technique constitutes actionable infringement.
Court Disposition
Appeal refused
Orders
- Decking to be removed by appellant
Full Case Text
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