Earl of Kintore and Others v. alexander pirie & sons, Ltd [1906] UKHL 838 (16 July 1906)

Earl of Kintore and Others v. alexander pirie & sons, Ltd [1906] UKHL 838 (16 July 1906)

The lower riparian millowner, despite prescriptive rights to abstract a certain quantity of water, exceeded those rights and materially obstructed the passage of salmon, justifying the grant of an interdict. The interdict was properly framed to harmonise the competing rights, with detailed conditions to ensure the...

Source-derived case information.

Citation
[1906] UKHL 838
Parties
Respondents (pursuers): Earl of Kintore and Others; Appellants (defenders): alexander pirie & sons, Limited
Jurisdiction
United Kingdom
Judgment Date
16 July 1906
Procedural Posture
Appeal (with Cross Appeal) From Court of Session (scotland) / Final Judgment by House of Lords
Outcome
Appeal and cross-appeal dismissed; order of Court of Session affirmed with modification.
Legal Topics
Riparian Rights, Prescriptive Rights, Interdict (injunction), Salmon Fishing Rights, Obstruction of Waterways
Property Law Water Law Environmental Law Riparian Rights Prescriptive Rights Interdict (injunction) Salmon Fishing Rights Obstruction of Waterways

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Summary, issues, holding and outcome

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Parties

Earl of Kintore and Others

Respondents (pursuers)

alexander pirie & sons, Limited

Appellants (defenders)

Procedural Posture

Appeal (with Cross Appeal) From Court of Session (scotland) / Final Judgment by House of Lords

Legal Issues

  1. 1 Whether upper salmon-fishing proprietors are entitled to insist on the river being left in its natural state against a lower riparian millowner
  2. 2 Whether the lower riparian millowner's abstraction of water unlawfully obstructed the passage of salmon
  3. 3 Whether interdict is the appropriate remedy for obstruction to salmon passage

Ratio Decidendi

The lower riparian millowner, despite prescriptive rights to abstract a certain quantity of water, exceeded those rights and materially obstructed the passage of salmon, justifying the grant of an interdict. The interdict was properly framed to harmonise the competing rights, with detailed conditions to ensure the free passage of salmon, and a safeguard allowing future applications in case of substantial changes in the river.

Court Disposition

Appeal and cross-appeal dismissed; order of Court of Session affirmed with modification.

Orders

  • Order of Court of Session affirmed with a declaration that in the event of any future substantial change in the river affecting the interests of parties, neither party shall be precluded from applying to the Court of Session for remedy.
  • Appellants to pay costs of the appeal; cross-appeal dismissed with costs.