A case on the River Tay which initially appeared to have a positive outcome for fishing interests is now to be reheard. The Upper Tay Riparian Owners’ Association (UTROA) and Aberfeldy Angling Club used the Land Reform (Scotland) Act’s Section 28 procedure to seek a Sheriff’s decision on whether commercial rafting interests were acting irresponsibly in that they were unreasonably interfering with the business interests and rights of fishing proprietors and anglers on a stretch of the Tay between Aberfeldy and Grandtully. The case was heard in January by Sheriff Fletcher.
At the time neither the local authority (upon which the notice was served) nor the rafting interests defended the action in the Sheriff Court and Sheriff Fletcher agreed to grant the declarator he was asked for However, at a late stage the rafters asked Sheriff Principal Alastair Dunlop to recall the decision. The Sheriff Principal accepted the rafters’ assertion that they had an interest in the matter and recalled the sheriff’s decree so that they have an opportunity to state their case by 28th March, after which further procedure will be determined.