The court referred to the decision in Watt v Jamieson 1954 SC 56: Lord President Cooper sitting in the Outer House in Watt v. Jamieson 1954 S.C. 56
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Get it written →The court referred to the decision in Watt v Jamieson 1954 SC 56: Lord President Cooper sitting in the Outer House in Watt v. Jamieson 1954 S.C. 56, said: “From these and other pronouncements I deduce that the proper angle of approach to a case of alleged nuisance is rather from the standpoint of the victim of the loss or inconvenience than from the standpoint of the alleged offender; and that, if any person so uses his property as to occasion serious disturbance or substantial inconvenience to his neighbour or material damage to his neighbour’s property, it is in the general case irrelevant as a defence for the defender to plead merely that he was making a normal and familiar use of his own property. The balance in all such cases has to be held between the freedom of a proprietor to use his property as he pleases, and the duty of a proprietor not to inflict material loss or inconvenience on adjoining proprietors or adjoining property, and in every case the answer depends on considerations of fact and of degree.”
What was the authoritative status of this decision to the case in the extract?
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