Moncrieff -v- Jamieson : The Case

Learn about the ground breaking case of Moncrieff v Jamieson and its progress from Lerwick Sheriff Court  to the highest court in the land:-

Background and Lower Courts


Sandsound: Da Store, the Parking area and The Store House The dispute started in 1998 when the Jamiesons began construction of a wall which would have cut off access to and parking on an area of land used by the Moncrieffs for parking.

Sheriff Court

Lerwick Sheriff Court Interdict proceedings were raised at Lerwick Sheriff Court by the Moncrieffs in 1998 resulting in "one of the most important cases on servitudes in the last 100 years".

The Higher Courts

Court of Session

Court of Session The Jamiesons appealed the case to the Court of Session in Edinburgh where a decision in favour of the Moncrieffs was pronounced in 2005.

House of Lords

House of Lords A final appeal was made by the Jamiesons to the House of Lords with five Law Lords ruling unanimously in favour of the Moncrieffs in 2007.