Encroachment and Public Interest

Citation

Anderson C (2024) Encroachment and Public Interest. Juridical Review, 2024 (3), pp. 142-158.

Abstract
The article considers the role of public interest in the Scottish courts' exercise of discretion with regard to the removal of encroachments. The article is in two parts. The first considers the nature of "public interest". The second considers the relevance of public interest considerations in private law in general and encroachment in particular.

Keywords
Discretion; Encroachment; Judicial decision-making; Public interest; Scotland

Journal
Juridical Review: Volume 2024, Issue 3