Collins & Anor v. Scottish Homes & Anor [2005] ScotCS CSOH_120 (09 September 2005)

Collins & Anor v. Scottish Homes & Anor [2005] ScotCS CSOH_120 (09 September 2005)

The pleadings, though disorganised and lacking in clarity, are not so irrelevant as to justify dismissal at this stage. The pursuers have advanced a relevant case that defects in the gas fire and venting exposed them to carbon monoxide. The question of time-bar cannot be determined without hearing evidence. Certain averments not linked to the core case are excluded from probation.

Citation
[2005] ScotCS CSOH_120
Parties
Pursuers: Mary Collins and another; First Defenders: Scottish Homes; Second Defenders: Another (Second Defenders)
Jurisdiction
Scotland
Judgment Date
09 September 2005
Procedural Posture
Civil Personal Injury / Procedure Roll Discussion on Relevancy and Specification of Pleadings
Outcome
Proof before answer allowed; certain averments excluded from probation; expenses reserved.
Legal Topics
Landlord Liability, Personal Injury, Carbon Monoxide Poisoning, Time Bar, Statutory Duties, Breach of Contract
Tort Contract Housing Law Landlord Liability Personal Injury Carbon Monoxide Poisoning Time Bar Statutory Duties +1 more

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Parties

Mary Collins and another

Pursuers

Scottish Homes

First Defenders

Another (Second Defenders)

Second Defenders

Procedural Posture

Civil Personal Injury / Procedure Roll Discussion on Relevancy and Specification of Pleadings

Legal Issues

  1. 1 Whether the pursuers' pleadings disclose a relevant and specific case against the defenders for carbon monoxide poisoning
  2. 2 Whether the claims are time-barred under the Prescription and Limitation (Scotland) Act 1973
  3. 3 Whether the pleadings adequately distinguish between the responsibilities of each defender

Ratio Decidendi

The pleadings, though disorganised and lacking in clarity, are not so irrelevant as to justify dismissal at this stage. The pursuers have advanced a relevant case that defects in the gas fire and venting exposed them to carbon monoxide. The question of time-bar cannot be determined without hearing evidence. Certain averments not linked to the core case are excluded from probation.

Court Disposition

Proof before answer allowed; certain averments excluded from probation; expenses reserved.

Orders

  • Allow proof before answer.
  • Exclude specified averments from probation as detailed in the opinion.