Scottish Access Code Court Cases

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Scots_Charles_River
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Scottish Access Code Court Cases

Post by Scots_Charles_River »

Just read this update from the SCOTWAYS website.

Recent interdict case – Paul Williamson v Highland Activities Limited (A338/09)

There has been a recent successful application for an interim interdict in the Court of Session, where the landowner’s case has been based partly on similar grounds to the Tuley case. Highland Activities Limited organised rafting down part of the River Garry within an area of land owned by the Pursuer, Mr Williamson. The Pursuer claims that the way the activity was organised was not responsible exercise of access. He claims, amongst other things: that the rafts have to be carried over his land to the river and such use damages the paths; and that rafting disrupts the balance that has to be maintained amongst different recreational users. The Court of Session granted an interim interdict on 12th May 2009 preventing Highland Activities from transporting rafts across the Pursuer’s land or using the river for rafting.


Full report of recent court cases under the access code
http://www.scotways.com/index.php?optio ... &Itemid=70

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naefearjustbeer
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Re: Scottish Access Code Court Cases

Post by naefearjustbeer »

This is not good news!! Anyone that has been at the Garry recently can they confirm that pathways have been damaged by the rafters?

Gyates
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Re: Scottish Access Code Court Cases

Post by Gyates »

I have recently heard that the dispute was sorted? Does anyone know if this information is correct? I was raft guiding on the garry on thursday, and highland activities were using the river, And no the pathways have definatly not been damaged by rafters! When the river is releasing their are just as many kayakers their as rafeters, and numerous raft companies, so i dont know why highland activities have been targeted with these alligations?

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paddledragger
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Re: Scottish Access Code Court Cases

Post by paddledragger »

Have they just been unlucky enough to be singled out for blame?? Hope it gets sorted out amicably.

George, how you doing?? When can we come and do some damage of our own up there with you??? Having serious withdrawal symptoms due to no-one to paddle above grade 2 with at present. Divorce proceedings due!! ;-)

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Jim
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Re: Scottish Access Code Court Cases

Post by Jim »

I think we should be careful before jumping to conclusions about this, commercial activities are considered differently to non-commercial activities under the land reform act and the report doesn't really say anything.

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