George and Donna Elliot, owners of land at Harelaw Farm, and Harelaw Farm Weddings Ltd, which runs a wedding venue there, raised an action against neighbour Andrew McCandlish after he carried out extensive excavation works in November 2022. The works, intended for a horticultural shed, were carried out directly beside the venue and allegedly damaged drainage, caused flooding, and harmed the wedding business.

The wedding company claims losses of over £212,000 in reduced bookings, plus £2,300 for pipework damage. The Elliots also sought reinstatement of the land.

The case was heard at Kilmarnock Sheriff Court by Sheriff George Jamieson. The defender argued the claims were irrelevant, saying they amounted to attempts to enforce planning control and that the wedding company lacked legal standing to sue.

The pursuers, however, argued the case was one of nuisance, not planning enforcement, and pointed to a pattern of behaviour that harmed their business.

Sheriff Jamieson agreed the pursuers were not entitled to enforce planning rules, but said the alleged breach of planning control was still relevant to the nuisance claim. He found Harelaw Farm Weddings Ltd had sufficient interest to sue, despite limited detail on its occupation of the land.

On damages, the sheriff ruled that claims for pure economic loss could proceed if based on intentional or reckless nuisance. He excluded arguments based on negligence, noting the defender’s actions appeared deliberate rather than careless.

“The third pursuer is still entitled to proceed with a claim for damages for pure economic loss at this stage based on an intentional or reckless delict of nuisance,” Sheriff Jamieson said.

The case will now go to a full hearing of evidence to determine whether the defender’s actions amounted to nuisance and whether the wedding company has sufficient control of the land to claim damages.

A full case report has been published by SCN’s sister publication, Scottish Legal News.