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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 9147
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I was the defender of a nuisance allegation from my

Customer Question

I was the defender of a nuisance allegation from my neighbour for attracting or keeping birds in my garden shed. This was heard in Glasgow. The pursuer did not have enough evidence and according to the judge she had failed the "material detriment test". However I have an interdict against me stating I cannot keep or attract birds. At a civil hearing in 2010 the neighbour again alleged I had broken a interim interdict which the city's had granted in 2009. I could not afford to defend any of these therefore it was records that I had broken an interdict. In the nuisance case the sheriff used a case in point from English law in 1973 which stated that if the alleged nuisance is doing something illegally then he is causin a nuisance. The sheriff granted the pursuer on these groins although at the minimum end of the scale for costs. I wish to appeal this as pursuer has never had enough evidence. This is in relation to 'breaking a burden in Scotland
Submitted: 1 year ago.
Category: UK Law
Expert:  JGM replied 1 year ago.

I am a solicitor in Scotland. Has the case been finally determined! Are you in time to mark an appeal? Can you let me see a written judgement? I need to see exactly what the sheriff has said.