Letter: The strange case of Watt v Jamieson

I would like to offer you a plug for Watt v Jamieson, 1954 SC 56, which I think should appeal for a number of reasons. 

Firstly, it’s a relative rarity in that both parties belonged to the legal profession, which should have induced an aversion to becoming litigants.

Secondly, it’s one of relatively few cases on nuisance, a concept that has developed differently in Scotland from elsewhere. Bench and bar alike love an excuse to visit Latin maxims and here we have sic utere tuo alterum non laedas [use your own property in such a way that you do not injure other people’s] waiting for us.

Thirdly, it’s the only case I know of where the Lord President sat alone in the Outer House, which he did because of the identities of the parties.

Fourthly, it’s good to remind ourselves that Lord President Cooper did good work on matters other than regarding pillar boxes.

Finally, I must declare an interest and say that it happens to be a case that I developed a singular fondness for around 1996. 

Ewan Kennedy

P.S. if the reference confuses, see Kennedy v Glenbelle 1996 SC 95