Webster v Lord Advocate
- noise from workers was intolerable in neighbourhood
- pursuers should not have to put in measures to prevent nuisance
- interest cannot overrule law – public interest defence not allowed
- interdict suspended 4 months to consider alternatives.
Kennedy v Glenbelle
- physical damage held to be nuisance
- removal of load bearing wall caused major implications to property above
- culpa (fault) can be established by:
intention, malice, recklessness, negligence, conduct which creates risk of abnormal danger
Watt v Jamieson
- nuisance can arise even if defender did not intend to cause inconvenience
- nuisance does not need to be non-natural, unreasonable, unusual
Marcic v Thames Water Utilities
- TWU statutory obliged to connect properties to network
- sewerage occurred – too many properties to connect
- not actionable breach of art8 – he should use complaints procedure/regulator in place
O v Rhodes
- ex-wife sought interdict of husband publishing memoirs to prevent emotional distress to son
- no delict without any evidence of intention to cause physical harm/recognised psychiatric illness
Henderson v Chief Cons
- industrial dispute – workers detained peacefully by police
- justified for public policy reasons
- however removal of bras infringement of liberty and privacy not justified in law
Reynolds v Times Newspaper
“Reynolds factors”: responsible journalism. Considered in qualified privilege.
Seriousness, nature, source, verification steps taken, urgency, information status, tone, timing of publication
Campbell v MGN
Action successful despite no prior relationship. Law imposes duty of confidence. Information exposed was worthy of protection.
Mosley v Newsgroup Newspapers
First stage of action is to demonstrate reasonable expectation of privacy. This can exist despite no prior relationship.
Maguire v Charles Mcneil
- interdict for new machinery refused
- area was largely industrial
- no more nuisance than already there
Hunter v Canary Wharf
- TV reception interference not actionable nuisance
- title to sue: owners/tenants
- family members could not sue
Coventry v Lawrence
- planning authorities no authority to authorise nuisance
- no defence that planning permission granted
Ashley v CC
- CC vicarious liable for police officer who shot dead
- in defending a criminal assault must show genuine belief that defendant about to be attacked
- in defending a civil claim - show honest and reasonable belief
S v Sec of State
- any detention, regardless of length will equate to award of damages
- no public interest where detaining not justifiable
McKinney v Chief Cons
- must establish malice in power of arrest cases
Munro v Brown
- defamation can relate to professional misconduct/incompetence
- unsporting conduct by curler failed
- defendant genuinely believed he had been misinformed
Chrisite v Robertson
- words uttered without intention, considered sympathetically
- no action for comment had been made in ‘heat of moment’
