A Fife mum being sued for £75,000 over comments about a new build development within ‘touching distance’ of her family home will return to court in the new year.
Niki Caira, from Thornton, is being sued by former Raith Rovers chairman Alex Penman, who owns the land adjoining her property.
Mr Penman and KJJ Properties are building two £350,000 bungalows on the former paddock, which Mrs Caira claims is too close to her home.
In a second case, Mrs Caira and her husband Mario have been ordered by the court not to interfere with the erection and sale of the two houses and not to trespass on the site.
An interim orders hearing, interdicting Mr and Mrs Caira from obstructing Low Road, also called.
The Cairas’ representative Carolann Curran argued that part of Low Road belongs to them, whereas Mr Penman’s solicitor Robert MacDonald argues the road belongs to Fife Council.
All three cases called at Kirkcaldy Sheriff Court on Tuesday, but Sheriff Elizabeth McFarlane continued the cases until January.
What has happened so far in this case?
In November 2020, Kirkcaldy-based KJJ Properties made a planning application to build two bungalows on the empty land next to the Cairas’ home.
The Cairas objected, but it was approved in July by council officers. Building commenced, with one of the houses sitting 125 centimetres away from the Cairas’ home.
To draw attention to her cause, Mrs Caira shared her frustrations on Facebook.
Mr Penman sued the mum-of-seven for £75,000 over “defamatory statements” made on her Facebook, as he claims to have suffered loss, injury and damage through “being defamed by the defender”.
The case first called at Kirkcaldy Sheriff Court on July 26 where Mrs Caira was asked to “make a public apology, delete her Facebook posts and not discuss or post about the new build”.
It was next heard on August 9, where Mr Penman’s solicitor, Robert MacDonald, said his client would be willing to pause the defamation action due to the interim interdict at the previous hearing giving his client “some degree of protection”.
However, Mrs Caira’s representative asked that the case continued and it was heard again on September 6.
The mum-of-seven deleted her Facebook account in a bid to change the court order, but it was not revoked.
A Fife Council investigation concluded the new build is too close to the Cairas’ home – but nothing will be done about it.
The cases last called on October 11. They will call again on January 10 and 30.
