DEVON ANGLING ASSOCIATION & Ors v SCOTTISH WATER [2018] ScotSAC Civ 7 (26 March 2018)

DEVON ANGLING ASSOCIATION & Ors v SCOTTISH WATER [2018] ScotSAC Civ 7 (26 March 2018)

The court held that the appellants failed to establish both the necessary standing to sue on behalf of the association and sufficient evidence of actionable loss directly attributable to Scottish Water.

Source-derived case information.

Citation
[2018] ScotSAC Civ 7
Parties
Appellant: Devon Angling Association; Appellant: John B Anderson; Appellant: A L Armstrong; Appellant: D K Mudie; Respondent: Scottish Water
Jurisdiction
Scotland
Judgment Date
26 March 2018
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Riparian Rights, Water Law, Liability for Pollution
Civil Procedure Property Law Riparian Rights Water Law Liability for Pollution

Source-derived case record

Summary, issues, holding and outcome

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Parties

Devon Angling Association

Appellant

John B Anderson

Appellant

A L Armstrong

Appellant

D K Mudie

Appellant

Scottish Water

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether Scottish Water is liable for pollution affecting the Devon Angling Association's fishing rights
  2. 2 Whether the appellants have standing to sue on behalf of the association

Ratio Decidendi

The court held that the appellants failed to establish both the necessary standing to sue on behalf of the association and sufficient evidence of actionable loss directly attributable to Scottish Water.

Court Disposition

appeal dismissed

Orders

  • No award of damages
  • No expenses awarded