ARJO WIGGINS LTD, APPEAL BY IN THE CAUSE BRITISH WATERWAYS BOARD TRADING AS SCOTTISH CANALS v ARJO WIGGINS LTD AND BSW TIMBER LTD [2017] ScotSAC Civ 15 (5 April 2017)
The court held that Arjo Wiggins Ltd did not have the claimed servitude rights over the canal property, as such rights were neither expressly granted nor could they be implied from the contract or the circumstances.
- Citation
- [2017] ScotSAC Civ 15
- Parties
- Pursuer: British Waterways Board trading as Scottish Canals; Defender/appellant: Arjo Wiggins Ltd; Defender: BSW Timber Ltd
- Jurisdiction
- Scotland
- Judgment Date
- 05 April 2017
- Procedural Posture
- Civil Appeal / Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Servitude, Canal Rights, Land Use
Case Brief
Summary, issues, holding and outcome
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Parties
British Waterways Board trading as Scottish Canals
Pursuer
Arjo Wiggins Ltd
Defender/appellant
BSW Timber Ltd
Defender
Procedural Posture
Civil Appeal / Appeal
Legal Issues
- 1 Whether servitude rights exist over the canal property
- 2 Interpretation of contractual obligations regarding land use
Ratio Decidendi
The court held that Arjo Wiggins Ltd did not have the claimed servitude rights over the canal property, as such rights were neither expressly granted nor could they be implied from the contract or the circumstances.
Court Disposition
appeal dismissed
Orders
- No servitude rights found in favour of Arjo Wiggins Ltd
- Original decision of lower court affirmed
Full Case Text
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