Weir & Anor v East Of Scotland Water Authority [2000] ScotCS 292 (23 November 2000)

Weir & Anor v East Of Scotland Water Authority [2000] ScotCS 292 (23 November 2000)

Section 8 of the Water (Scotland) Act 1980 does not confer a private right of action for damages for breach of duty to supply wholesome water, as the duty is owed to the public at large and other remedies exist. The pursuers' statutory case is irrelevant. The common law case is also irrelevant due to lack of specification of fault or vicarious liability attributable to the defenders.

Citation
[2000] ScotCS 292
Parties
Pursuers: George Weir and Another; Defenders: East Of Scotland Water Authority
Jurisdiction
Scotland
Judgment Date
23 November 2000
Procedural Posture
Civil (personal Injury/statutory Duty) / Procedure Roll Debate (plea to Relevancy)
Outcome
Case put out By Order to allow pursuers to move for leave to amend pleadings; if not amended, action will be dismissed.
Legal Topics
Breach of Statutory Duty, Negligence, Vicarious Liability, Water Supply, Pleading Requirements
Tort Law Statutory Duty Public Law Breach of Statutory Duty Negligence Vicarious Liability Water Supply Pleading Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

George Weir and Another

Pursuers

East Of Scotland Water Authority

Defenders

Procedural Posture

Civil (personal Injury/statutory Duty) / Procedure Roll Debate (plea to Relevancy)

Legal Issues

  1. 1 Does Section 8 of the Water (Scotland) Act 1980 confer a private right of action for damages for unwholesome water supply?
  2. 2 Is the duty under Section 8 absolute or subject to a standard of care?
  3. 3 Are the pleadings sufficient to establish a relevant case at common law for negligence or vicarious liability?

Ratio Decidendi

Section 8 of the Water (Scotland) Act 1980 does not confer a private right of action for damages for breach of duty to supply wholesome water, as the duty is owed to the public at large and other remedies exist. The pursuers' statutory case is irrelevant. The common law case is also irrelevant due to lack of specification of fault or vicarious liability attributable to the defenders.

Court Disposition

Case put out By Order to allow pursuers to move for leave to amend pleadings; if not amended, action will be dismissed.

Orders

  • Case put out By Order for possible amendment of pleadings
  • If no amendment, plea to relevancy will be sustained and action dismissed