307 APRIL 2020 - Gryffe Advertizer

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nightmare neighboursadvice from Kingsley Wood SolicitorsJust as the saying goes about family, you can’t choose yourneighbours. Everyone has a story about a nightmare neighbour,would you not agree? A devil dog that barks all night, the couplenext door that have raves on a Wednesday, or the family thatthink the driveway is a mechanics yard. All this is enough to makeyou want to phone in the estate agents; however you might wantto rethink, there are other options.In Scotland these types of situations are dealt with under the lawof delict. This area of the law deals with wrong doings that havebeen done intentionally, as well as unintentionally, by a party. Mostcases are dealt with by common law and are decided on a case bycase basis. The key element is being able to show loss or damagehas been incurred.One legal remedy we have under statute is what is called aninterdict. An interdict is used to stop a party from continuing theiractions that is causing loss to you. For example, this could be aneighbour who is stopping you from selling your home by causinga nuisance, or a neighbour who is cutting down trees without therelevant permissions.When thinking about the law of delict, almost everyone in thelegal world will tell you about the case of Donoghue v Stevenson.This is more commonly referred to as “the snail” case. Here, MrsDonoghue was drinking a bottle of ginger beer in a café when shediscovered a dead snail at the bottom of the bottle. As the bottlewas not clear she did not know it contained the snail. As you canimagine she had severe stomach pains. This case established thatwe all owe a duty of care to our neighbour, not injure or causeloss to them. The term neighbour goes beyond just the literalmeaning of the word in that it means anyone who would bedirectly affected by your actions.This “duty of care” responsibility we all have to one and other iskey when establishing a delict. But how far does this duty go?As mentioned above, all cases depend primarily on the facts. Forexample, in the case of Bolton v Stone it was found that therewas no breach of the defenders duty of care, despite the pursuerbeing injured by a cricket ball that had been hit over the fenceof a cricket ground, as it was not reasonably probable that thiswould happen.Unlike other areas of the law there is no clear-cut answers indelict. You have to be able to show the damage or loss that youhave incurred. If you can relate toanything mentioned above or wouldlike some further advice on thematter, then please get in contactwith either Kingsley Wood or DionneHunter at our Kilmacolm office on01505 874114 or email us at mail@kingsleywood.co.ukSt Columba’s SchoolUpdatepipe bandSt Columba’s School Pipe Band Win at the Scottish SchoolChampionshipsOn Sunday the 8th of March, our School Pipe band competed atthe Scottish School Pipe Band Championships. St Columba’s tookthe Novice Juvenile B category by storm. With 21 school bandscompeting, this was an absolutely outstanding achievementin what was the most significant category of the day. Ourlargest band (37 members!) from J6 to SVI competed and weare extremely proud of them - the Scottish Schools Pipe Bandchampions!20sporting wins1st XI hockey Team Bring Back Win After 24 YearsWednesday the 4th of March saw the girls 1st XI team take partin the Hutchesons’ Grammar School hockey tournament. Playingconsistently well in all their matches, the team were in to the finalagainst The High School of Glasgow. The final match became aclose call after running into extra time and penalties thereafter.However, the St Columba’s girls kept their cool and claimedvictory with a score of 2 -1. The team put on an outstandingperformance. The tournament had last been won by the schoolin 1996, so we are very proud of our team for bringing back thiswell-deserved win.
April 2020world book dayJunior School Celebrate World Book dayThe beginning of March always brings with it the delightful eventof World Book Day, and we were thrilled to see all of JuniorSchool swap their uniforms for creative and imaginative costumes.There was such a colourful array of different characters: Cat inthe Hat, Gangster Granny and A Very Hungry Caterpillar amongstthem! Continuing to promote cross-school learning, J5 pupilstook the time to read books with the Early Years children. It waslovely to see everyone in the room enjoying a book and seeing thechildren looking after one another so well.public speaking champsPublic Speaking and Quiz Competition SuccessThe month of March has seen many local and regionalcompetitions taking place including the Regional Finals of the‘Youth Speaks’ Rotary Club Public Speaking competition. StColumba’s was represented by both a Senior and Intermediateteam, both choosing to speak on important current issues. TheIntermediate team consisted of Kierandeep N (Chair), Emma V(Proposer) and Orla O (Opposer), with the Senior team consistingof Mark C (Chair), Elliot N (Proposer) and Bronte M (Opposer).Putting on an impressive display of knowledge, the Senior teambecame the clear winners, with our intermediate team comingclose runners-up. The Senior team now progress to the NationalFinals in Birmingham this May.Transitus pupils also brought back success as Tanisha, Robbie,Oliver and Freddie entered the Gryffe Valley Rotary Club PrimarySchool Quiz. Hosted at the Houston Bowling Club on the 10th ofMarch, 5 local primary schools competed in 10 different rounds.Despite 2 demanding final rounds, our team were victorious,scoring a staggering 87 points. The Transitus team now lookforward to the district heat in April.21
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307 APRIL 2020 - Gryffe Advertizer

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