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Court Cases on Ken

2

The Authority of Case Law
The Complexity of the Law

Cases under the Land Reform (Scotland) Act 2003

11

Aviemore Highland Resort v Cairngorms National Park Authority
Caledonian Heritable Ltd v East Lothian Council
Creelman v Argyll & Bute Council
Forbes v Fife Council
Gloag v Perth & Kinross Council and the Rambler’s Association
Judicial Review: Petition of GREGORY BROWN for review of a decision by GLASGOW CITY COUNCIL (Cathkin Park, Glasgow)
Law Society of Scotland v Scottish Legal Complaints Commission
Renyana Stahl Anstalt v Loch Lomond and The Trossachs National Park Authority Appeal Decision
Snowie v Stirling Council and Ramblers Association Lindsay and Barbara Ross v Stirling Council
Tuley v Highland Council
Williamson v Highland Activities Limited

Public rights of way and private servitude rights of way

88

Creation of public rights of way – need for public place end points
Creation of public rights of way – use as of right by the public for the prescriptive period
Creation of rights of way – interruption of the prescriptive period
- Mann v Brodie
Different kinds of use of rights of way
Need for a particular line for public rights of way
Obstruction of rights of way
Procedural issues
Public and private rights of way – ancillary rights and burdens
Relationship of public rights of way with private servitude rights of way and with ‘roads’ under the Roads (Scotland) Act 1984
- Public rights of way and ‘roads’ under the Roads (Scotland) Act 1984
- Relationship of public rights of way with private servitude rights of way
Rights of way – land owned by statutory undertakers or the Crown

Navigation rights and rights in relation to the foreshore

11

Navigation rights
Rights in relation to the foreshore

Liability

29

Cases relating to contributory negligence
- Smith v Finch
Liability of recreational users to one another
Occupiers’ liability: Cases involving ‘hazards’ in the outdoors
Occupiers’ liability: Cases involving children
Occupiers’ liability: Cases involving facilities/indoor premises
Cases involving animals

Other cases of interest

4

Carol Rohan Beyts v Trump International Golf Club Scotland Limited
Law Society of Scotland v Scottish Legal Complaints Commission
Neizer v Rhodes
R v Howard

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Court Cases
Navigation rights and rights in relation to the foreshore
Navigation rights

Navigation rights

Campbell’s Trustees v Sweeney
Colquhoun’s Trustees v Orr Ewing & Co
Crown Estate Commissioners v Fairlie Yacht Slip Ltd.
Denaby and Cadeby Main Collieries Ltd v Anson
Ellerman Lines Ltd v Clyde Navigation Trustees
Kames Bay Case – Petition of the Crown Estate Commissioners
Walford v David
Wills Trustees v Cairngorm Canoeing and Sailing School Ltd

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The Scottish Rights of Way & Access Society. Upholding Public Access.
Registered Office: 24 Annandale Street, Edinburgh, EH7 4AN. Tel: 0131 558 1222.
A company limited by guarantee, registered in Scotland. Company number 24243.
Scottish Charity number SC015460.
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