KERSHAW, MARC KERSHAW AND OTHERS AGAINST (1) CONNEL COMMUNITY COUNCIL & (2) AGGREGATE INDUSTRIES LTD [2018] ScotCS CSOH_111 (05 December 2018)

KERSHAW, MARC KERSHAW AND OTHERS AGAINST (1) CONNEL COMMUNITY COUNCIL & (2) AGGREGATE INDUSTRIES LTD [2018] ScotCS CSOH_111 (05 December 2018)

Community councils are hybrid bodies created by statute with rights and duties; they can be sued in their own name for personal injury claims. The action against Connel Community Council is relevant and should proceed to proof before answer.

Source-derived case information.

Citation
[2018] ScotCS CSOH_111
Parties
Pursuer: Marc Kershaw and Others; First Defender: Connel Community Council; Second Defender: Aggregate Industries Ltd
Jurisdiction
Scotland
Judgment Date
05 December 2018
Procedural Posture
Personal Injury Action / Preliminary Determination on Legal Status and Relevancy; Proof Before Answer Allowed
Outcome
Proof before answer allowed; action against Connel Community Council not dismissed.
Legal Topics
Legal Personality of Community Councils, Occupiers Liability, Duty of Care, Unincorporated Associations, Vicarious Liability
Tort Local Government Law Personal Injury Legal Personality of Community Councils Occupiers Liability Duty of Care Unincorporated Associations Vicarious Liability

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Parties

Marc Kershaw and Others

Pursuer

Connel Community Council

First Defender

Aggregate Industries Ltd

Second Defender

Procedural Posture

Personal Injury Action / Preliminary Determination on Legal Status and Relevancy; Proof Before Answer Allowed

Legal Issues

  1. 1 Can a community council be sued for damages for personal injuries?
  2. 2 Is a community council an unincorporated association or a sui generis body?
  3. 3 Does the Occupiers Liability (Scotland) Act 1960 apply to community councils?

Ratio Decidendi

Community councils are hybrid bodies created by statute with rights and duties; they can be sued in their own name for personal injury claims. The action against Connel Community Council is relevant and should proceed to proof before answer.

Court Disposition

Proof before answer allowed; action against Connel Community Council not dismissed.

Orders

  • Proof before answer allowed on all issues.
  • All questions of expenses reserved.