The case related to the disputed status of rights of way to the national football stadium in Scotland, over land adjoining the stadium. The stadium owners claimed that rights of way over the land had been used for more than twenty years. The land owners had purported to block the way by parking a car across it, and placing bollards to prevent access, and the stadium sought an interdict. Interdict is a preventive or prohibitory remedy, and must normally seek only a restrictive remedy. Nevertheless, positive obligations may be sought where they give effect to the substantial nature of the restriction to be enforced. Here the restrictive nature of the right of way, not to do anything to obstruct access, incorporated an obligation to remove obstructions placed across the highway.
Lord Drummond Young
[2001] ScotHC 99, [2001] ScotCS 216
Bailii, Bailii
Scotland
Citing:
Cited – Colquhoun’s Curator Bonis v Glen’s Trustee, 1920
A feu contract provided that a house should be used for residential purposes only. The tenant of the house used two rooms to conduct a school for young children, and the superior brought an action to interdict such use of the house.
Held: . .
Cited – Phestos Shipping Company Limited v Kurmiawan 1983
In the course of an industrial dispute between the crew of a vessel and its owners, the crew occupied the vessel and refused to move. The owners sought interdict and interim interdict against the crew from ‘continuing in occupation and possession . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 September 2021; Ref: scu.166514
