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Civil procedure [2026] SCAIR 37

Leonard Samuel Parker Simpson and Suzanne Louise Simpson against Scottish Water (Sheriff Court Civil)

Leonard Samuel Parker Simpson and Suzanne Louise Simpson against Scottish Water (Sheriff Court Civil) [2026] SCAIR 37 (25 March 2026)

The sheriff held that a nuisance action over sewage escaping onto the pursuers’ property was competent, refused the defender’s competency plea, and sent the case to proof before answer.

  • Nuisance
  • Statutory duties of water authorities
  • Competency of action
  • Relevancy and specification of pleadings
  • Remedies for nuisance
  • Water-authorities
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Delict [2025] SCKIL 92

George Robert Elliot and others against Andrew Snodgrass McCandlish (Sheriff Court Civil)

George Robert Elliot and others against Andrew Snodgrass McCandlish (Sheriff Court Civil) [2025] SCKIL 92 (16 September 2025)

The sheriff allowed a nuisance case to proceed to proof before answer, but excluded several negligent and irrelevant averments from probation.

  • Nuisance
  • Pure economic loss
  • Title and interest to sue
  • Interdict
  • Damages
  • Planning control
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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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Tort/delict [2021] ScotCS CSIH_36

APPEAL BY WILLIAM MacBEAN AGAINST SCOTTISH WATER

APPEAL BY WILLIAM MacBEAN AGAINST SCOTTISH WATER [2021] ScotCS CSIH_36 (07 July 2021)

The Inner House refused an appeal in a nuisance case about odours from a wastewater treatment plant, upholding absolvitor and the expenses order.

  • Nuisance
  • Odour emissions
  • Declarator
  • Interdict
  • Damages
  • Expenses
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Property law [2020] ScotCS CSOH_103

MAJOR DOUGLAS SOULSBY AGAINST RICHARD JONES AND ANOTHER

MAJOR DOUGLAS SOULSBY AGAINST RICHARD JONES AND ANOTHER [2020] ScotCS CSOH_103 (17 December 2020)

The Court of Session considered a claimed servitude right of access over neighbouring land for maintenance of Seven Gables and rejected the claim.

  • Servitude rights
  • Prescription
  • Servitude of necessity
  • Nuisance
  • Mora, taciturnity and acquiescence
  • Remedies for obstruction of access
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Tort [2020] ScotCS CSOH_55

WILLIAM MACBEAN AGAINST SCOTTISH WATER

WILLIAM MACBEAN AGAINST SCOTTISH WATER [2020] ScotCS CSOH_55 (29 May 2020)

Court of Session nuisance claim over odours from a wastewater plant was refused after remedial works reduced emissions to irregular, faint and transient levels.

  • Nuisance
  • Odour pollution
  • Waste water treatment
  • Declarator
  • Interdict
  • Damages
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Tort [2019] ScotCS CSOH_63

CHALMERS AND (SECOND) GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD

CHALMERS AND (SECOND) GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD [2019] ScotCS CSOH_63 (13 August 2019)

The Court of Session allowed proof before answer in a nuisance claim over ethanol vapour allegedly causing black fungus, rejecting double-counting objections at pleading stage.

  • Nuisance
  • Damages
  • Quantification of loss
  • Double counting
  • Property-law
  • Pleading-specification
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Tort/delict [2019] ScotCS CSOH_26

SABET OR HUGHES AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE

SABET OR HUGHES AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE [2019] ScotCS CSOH_26 (19 March 2019)

The Court of Session dismissed a flood-risk claim against Fife Council, holding sections 56 and 59 of the 2009 Act did not found liability, but allowed nuisance proceedings against a neighbouring landowner.

  • Nuisance
  • Flood risk management
  • Breach of statutory duty
  • Liability of local authorities
  • Landowner responsibilities
  • Breach-of-statutory-duty
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Tort [2019] ScotCS CSOH_27

JEDWARDS AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE

JEDWARDS AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE [2019] ScotCS CSOH_27 (19 March 2019)

Flood-damage claim against Fife Council was dismissed on preliminary pleas, while the nuisance claim against a neighbouring landowner was allowed to proceed.

  • Flood risk management
  • Nuisance
  • Statutory duties
  • Flood-risk-management
  • Statutory-liability
  • Property-damage
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Tort [2017] ScotCS CSOH_98

Cruden Building and Renewals Ltd v Scottish Water

Cruden Building and Renewals Ltd v Scottish Water [2017] ScotCS CSOH_98 (05 July 2017)

The Court of Session dismissed a contractor's claim against Scottish Water, holding that limited contractual use of a site did not give title to sue for economic loss caused by damage to the site.

  • Title to sue
  • Economic loss
  • Damage to property
  • Possessory rights
  • Nuisance
  • Title-to-sue
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.