McMANUS, ANGELA AND ROBERT McMANUS v CITY LINK DEVELOPMENT COMPANY Ltd & Ors [2015] ScotCS CSOH_178 (22 December 2015)

McMANUS, ANGELA AND ROBERT McMANUS v CITY LINK DEVELOPMENT COMPANY Ltd & Ors [2015] ScotCS CSOH_178 (22 December 2015)

The first defenders, as developers, discharged any duty of care owed to the pursuers by engaging competent environmental consultants and relying on their reports that the site was suitable for residential development. There was no proper basis in the pleadings to impute to the first defenders specialist knowledge or to establish a non-delegable duty. The pleadings did not disclose a relevant case against the first defenders for breach of duty.

Citation
[2015] ScotCS CSOH_178
Parties
Pursuer: Angela McManus; Pursuer: Robert McManus; First Defender: City Link Development Company Limited; Second Defender: Scott Wilson Scotland Limited; Third Defender: Lanarkshire Housing Association Limited
Jurisdiction
Scotland
Judgment Date
22 December 2015
Procedural Posture
Civil Damages/personal Injury / Procedure Roll Hearing on Relevancy and Dismissal
Outcome
Action dismissed as irrelevant against the first defenders (City Link Development Company Limited)
Legal Topics
Contaminated Land Liability, Developer's Duty of Care, Non Delegable Duties, Limitation and Prescription, Housing Law
Tort/delict Environmental Law Landlord and Tenant Contaminated Land Liability Developer's Duty of Care Non Delegable Duties Limitation and Prescription Housing Law

Case Brief

Summary, issues, holding and outcome

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Parties

Angela McManus

Pursuer

Robert McManus

Pursuer

City Link Development Company Limited

First Defender

Scott Wilson Scotland Limited

Second Defender

Lanarkshire Housing Association Limited

Third Defender

Procedural Posture

Civil Damages/personal Injury / Procedure Roll Hearing on Relevancy and Dismissal

Legal Issues

  1. 1 Whether the developer (first defenders) owed a duty of care to occupiers for contamination on the site
  2. 2 Whether such duty was non-delegable or could be discharged by engaging competent experts
  3. 3 Whether the pleadings disclosed a relevant case against the first defenders for breach of duty

Ratio Decidendi

The first defenders, as developers, discharged any duty of care owed to the pursuers by engaging competent environmental consultants and relying on their reports that the site was suitable for residential development. There was no proper basis in the pleadings to impute to the first defenders specialist knowledge or to establish a non-delegable duty. The pleadings did not disclose a relevant case against the first defenders for breach of duty.

Court Disposition

Action dismissed as irrelevant against the first defenders (City Link Development Company Limited)

Orders

  • Sustains first defenders' plea to relevancy and dismisses the action against them