Devon Angling Association and others v Scottish Water

Reparation – Negligence and nuisance – Pollution of river – Title to sue. Sheriff Appeal Court: Allowing an appeal in action in which an angling association sought reparation in relation to a discharge of sulphuric acid from a tank on Scottish Water's property into a river, which killed large quantities of fish, alleging that the discharge was caused by the fault of Scottish Water, the court concluded that the rights the association enjoyed amounted to a right of possession similar to that of an owner and accordingly the sheriff had erred in sustaining a plea of no title to sue and dismissing the action.

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