Morrison Sports Limited and others v Scottish Power (Scotland)

Morrison Sports Limited and others v Scottish Power (Scotland)

Contraventions of regulations 17, 24 and 25 of the Electricity Supply Regulations 1988 do not give rise to a private right of action for damages; section 29(3) of the Electricity Act 1989 does not create such a right.

Parties
Respondents: Morrison Sports Limited and others; Appellant: Scottish Power
Jurisdiction
England and Wales
Judgment Date
28 July 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Breach of Statutory Duty, Electricity Supply Regulations, Private Right of Action
Statutory Interpretation Tort Law Breach of Statutory Duty Electricity Supply Regulations Private Right of Action

Case Brief

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Parties

Morrison Sports Limited and others

Respondents

Scottish Power

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Does breach of the Electricity Supply Regulations 1988 give rise to a private right of action for damages?
  2. 2 Does section 29(3) of the Electricity Act 1989 confer a civil right of action for breach of regulations?

Ratio Decidendi

Contraventions of regulations 17, 24 and 25 of the Electricity Supply Regulations 1988 do not give rise to a private right of action for damages; section 29(3) of the Electricity Act 1989 does not create such a right.

Court Disposition

Appeal allowed

Orders

  • Interlocutors of the Extra Division and the Lord Ordinary recalled
  • First plea-in-law for the defenders sustained to the extent of excluding article 6 of condescendence from probation