O'CONNOR AND SUSAN DOCHERTY AGAINST SCOTTISH WATER [2018] ScotCS CSOH_75 (12 July 2018)

O'CONNOR AND SUSAN DOCHERTY AGAINST SCOTTISH WATER [2018] ScotCS CSOH_75 (12 July 2018)

The court found, on the balance of probabilities, that the 2008 water main rupture caused damage to the manhole, which led to leakage and progressive erosion, culminating in the 2013 collapse and destruction of the property. The defenders’ alternative explanations were not supported by the evidence. The statutory requirements for compensation under section 10 of the Water (Scotland) Act 1980 were met.

Citation
[2018] ScotCS CSOH_75
Parties
Pursuers: David O’Connor and Susan Docherty; Defender: Scottish Water
Jurisdiction
Scotland
Judgment Date
12 July 2018
Procedural Posture
Civil Compensation Claim / Outer House, Court of Session Proof (trial) and Judgment
Outcome
Judgment for the pursuers
Legal Topics
Liability for Escape of Water, Causation of Property Damage, Interpretation of Water (scotland) Act 1980 S.10
Tort Statutory Compensation Property Law Liability for Escape of Water Causation of Property Damage Interpretation of Water (scotland) Act 1980 S.10

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Parties

David O’Connor and Susan Docherty

Pursuers

Scottish Water

Defender

Procedural Posture

Civil Compensation Claim / Outer House, Court of Session Proof (trial) and Judgment

Legal Issues

  1. 1 Whether the 2008 water main rupture caused damage to the manhole leading to the 2013 collapse
  2. 2 Whether Scottish Water is liable under section 10 of the Water (Scotland) Act 1980 for the damage to the property
  3. 3 Whether alternative causes (rainfall, poor ground, other sinkholes) break the chain of causation

Ratio Decidendi

The court found, on the balance of probabilities, that the 2008 water main rupture caused damage to the manhole, which led to leakage and progressive erosion, culminating in the 2013 collapse and destruction of the property. The defenders’ alternative explanations were not supported by the evidence. The statutory requirements for compensation under section 10 of the Water (Scotland) Act 1980 were met.

Court Disposition

Judgment for the pursuers

Orders

  • Defender to pay the agreed sum of £220,000 to the pursuers as compensation under section 10 of the Water (Scotland) Act 1980.