Dissenting view of Lord Sales JSC:
"In this way, in my view, Pollock CB, like Bramwell B, also emphasised that the underlying principle was one of overall reasonableness, involving reciprocity and compromise, taking account of the competing interests of both landowners. This view has persisted since then. In a note in [1937] 53 LQR 3, Professor Goodhart said that the governing principle is one of reasonableness in which "what is reasonable depends both upon [the defendant's] circumstances and on those of his neighbour" (para 164)