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Scotland Case Law

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Tort [2024] ScotCS CSIH_2

THOMAS AND GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD

THOMAS AND GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD [2024] ScotCS CSIH_2 (19 January 2024)

The Inner House refused a reclaiming motion in a nuisance case over alleged ethanol emissions from whisky warehouses causing Baudoinia growth and staining.

  • Environmental nuisance
  • Specification of pleadings
  • Causation
  • Damages
  • Expenses (costs)
  • Environmental-nuisance
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Delict [2023] ScotCS CSOH_43

THOMAS CHALMERS AND ANOTHER AGAINST DIAGEO SCOTLAND LTD

THOMAS CHALMERS AND ANOTHER AGAINST DIAGEO SCOTLAND LTD [2023] ScotCS CSOH_43 (30 June 2023)

Court of Session nuisance case about alleged ethanol emissions causing Baudoinia fungus and black staining on nearby property. Proof before answer was allowed.

  • Environmental nuisance
  • Fungal contamination
  • Damages for property devaluation
  • Specification of pleadings
  • Amendment of pleadings
  • Nuisance
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Property law [2011] ScotSC 30

Black v. Duncan & Anor

Black v. Duncan & Anor [2011] ScotSC 30 (17 May 2011)

A Scottish sheriff held that one co-owner could not fence off common drying green without clear consent and interdicted dog fouling as a nuisance.

  • Common property
  • Co-ownership
  • Consent
  • Interdict
  • Nuisance
  • Removal of structures
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Tort [1924] ScotLR 598

Slater v. A. & J. M'Lellan

Slater v. A. & J. M'Lellan [1924] ScotLR 598 (02 July 1924)

A steam waggon carrying compressed cork dust sparked a fire that damaged adjoining property. The Court held the defenders liable for a dangerous nuisance without proof of negligence.

  • Dangerous nuisance
  • Liability for damage by fire
  • Use of locomotives on public roads
  • Locomotive act 1861
  • Common law nuisance
  • Strict liability
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Property law [1900] ScotLR 37_900

Kincaid Smith v. Cameron

Kincaid Smith v. Cameron [1900] ScotLR 37_900 (12 July 1900)

The Court of Session held that sewage pollution from feus and a school caused a nuisance and that the superior and feuar were jointly liable for interdict.

  • Water pollution
  • Joint liability
  • Interdict
  • Superior and vassal liability
  • Nuisance
  • Water-pollution
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.