SCOTTISH WATER BUSINESS STREAM LIMINTED against DEODAT CHATAROO [2015] ScotSC 60 (10 September 2015)

SCOTTISH WATER BUSINESS STREAM LIMINTED against DEODAT CHATAROO [2015] ScotSC 60 (10 September 2015)

The pursuers failed to establish that arrangements were made with the defender as required by statute, nor was it necessary to imply a contract from the parties' conduct. The defender had consistently challenged jurisdiction, and the court lacked jurisdiction in the absence of a contract. The action was dismissed and the defender assoilzied from the claim.

Citation
[2015] ScotSC 60
Parties
Pursuer and Cross Appellant: Scottish Water Business Stream Limited; Defender and Appellant: Mr Deodat Chataroo
Jurisdiction
Scotland
Judgment Date
10 September 2015
Procedural Posture
Appeal (small Claims Debt Recovery) / Appeal Judgment
Outcome
Appeal allowed; cross-appeal refused; decree recalled; defender assoilzied from claim; expenses awarded to defender.
Legal Topics
Implied Contracts, Statutory Charging Powers, Jurisdiction, Consumer Vs Commercial Contracts, Water Services Regulation
Contract Law Statutory Interpretation Civil Procedure Implied Contracts Statutory Charging Powers Jurisdiction Consumer Vs Commercial Contracts Water Services Regulation

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Parties

Scottish Water Business Stream Limited

Pursuer and Cross Appellant

Mr Deodat Chataroo

Defender and Appellant

Procedural Posture

Appeal (small Claims Debt Recovery) / Appeal Judgment

Legal Issues

  1. 1 Whether the pursuers had a statutory or contractual basis to charge the defender for water and waste water services
  2. 2 Whether a contract (express or implied) existed between the parties
  3. 3 Whether the Sheriff Court had jurisdiction over the defender

Ratio Decidendi

The pursuers failed to establish that arrangements were made with the defender as required by statute, nor was it necessary to imply a contract from the parties' conduct. The defender had consistently challenged jurisdiction, and the court lacked jurisdiction in the absence of a contract. The action was dismissed and the defender assoilzied from the claim.

Court Disposition

Appeal allowed; cross-appeal refused; decree recalled; defender assoilzied from claim; expenses awarded to defender.

Orders

  • Recall of sheriff's interlocutor of 9 December 2014
  • Assoilzie defender from the claim