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Last seen: Jun 4, 2026
1. The litigant must convince the court that they have suffered more than they could reasonably be expected to tolerate. It is deliberately non specif...
Aye... I am referring to common law nuisance. There are numerous versions of statutory nuisance many of which have been around since the 18th century ...
The appearance of unreasonable makes the two systems appear closer than they really are. The test in Scotland remains plus quam tolerabile (more than ...
Watt v Jamieson, 1954 SC 56 Is also key, in that Lord President Cooper established the common principle of "Allowed to do what you want as long as ...
Nuisance is one of the stark differences between English and Scottish law. Lord President Cooper in Watt v Jamieson 1954 SC 56, at 58:“The critical...
The test for actionable nuisance in Scottish Law is that the nuisance must emanate from the wrongdoer’s land, and be beplus quam tolerabile (more than...
While not knowing the specifics of the application fully, I would question that it was approved solely because of the ASHP and solar panels and I am u...
@persephone I am sure that you are aware that Scottish Planning Policy has a presumption in favour of any development that contributes to sustainab...
As I stated earlier the only recourse for a third party in Scotland is to judicial review at the Court of Session to determine if the local authority ...
As I understand the system, SAP (and by default RdSAP) is a CO2 reduction assessment/tool so if the house is not a new build then the EPC reports are ...
This application has been approved and, as far as I am aware, as there are no third party rights of appeal against a planning decision in Scotland the...
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