IAIN SCOTT AGAINST SCOTTISH WATER [2015] ScotSC 17 (10 March 2015)

IAIN SCOTT AGAINST SCOTTISH WATER [2015] ScotSC 17 (10 March 2015)

The defender's averments regarding maintenance policy, resource allocation, and response to leakage are relevant to the assessment of whether it exercised reasonable care in fulfilling its statutory duties. The sheriff erred in excluding these averments from probation, as they may provide evidence pertinent to the issues at proof. The appeal is allowed, and the case is remitted for proof on the parties' averments.

Citation
[2015] ScotSC 17
Parties
Pursuer and Respondent: Iain Scott; Defender and Appellant: Scottish Water
Jurisdiction
Scotland
Judgment Date
10 March 2015
Procedural Posture
Civil Appeal / Appeal Against Exclusion of Averments From Probation Prior to Proof
Outcome
Appeal allowed
Legal Topics
Liability for Damage Caused by Sewer Leakage, Standard of Care for Statutory Bodies, Relevancy and Specification of Pleadings, Judicial Case Management
Tort Negligence Statutory Duty Liability for Damage Caused by Sewer Leakage Standard of Care for Statutory Bodies Relevancy and Specification of Pleadings Judicial Case Management

Case Brief

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Parties

Iain Scott

Pursuer and Respondent

Scottish Water

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Against Exclusion of Averments From Probation Prior to Proof

Legal Issues

  1. 1 Whether the defender's averments regarding maintenance policy and resource allocation are relevant to the assessment of negligence
  2. 2 Whether the sheriff erred in excluding the defender's averments from probation
  3. 3 Whether the balancing of costs and benefits is relevant to the standard of care owed by a statutory body

Ratio Decidendi

The defender's averments regarding maintenance policy, resource allocation, and response to leakage are relevant to the assessment of whether it exercised reasonable care in fulfilling its statutory duties. The sheriff erred in excluding these averments from probation, as they may provide evidence pertinent to the issues at proof. The appeal is allowed, and the case is remitted for proof on the parties' averments.

Court Disposition

Appeal allowed

Orders

  • Sheriff's interlocutor of 10 October 2014 recalled
  • Pursuer's first plea in law repelled