McLean & Ors v Scottish Power Plc [2000] ScotCS 6 (12 January 2000)

McLean & Ors v Scottish Power Plc [2000] ScotCS 6 (12 January 2000)

The court found, on the balance of probabilities, that the fire was caused by a defect in the supply cable installed by the defenders, specifically arcing at a bend with a radius below the manufacturer's recommended minimum, leading to progressive failure and ignition. The evidence excluded the domestic wiring as the source. The defenders were thus in breach of the Electricity Supply Regulations 1988 and liable for damages.

Citation
[2000] ScotCS 6
Parties
Pursuers: Mr. Robert McLean and Others; Defenders: Scottish Power plc
Jurisdiction
Scotland
Judgment Date
12 January 2000
Procedural Posture
Civil / Judgment After Proof (trial)
Outcome
Judgment for the pursuers.
Legal Topics
Negligence, Electrical Safety, Product Liability, Breach of Statutory Duty, Causation, Damages
Tort Contract Regulatory Compliance Negligence Electrical Safety Product Liability Breach of Statutory Duty Causation +1 more

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Parties

Mr. Robert McLean and Others

Pursuers

Scottish Power plc

Defenders

Procedural Posture

Civil / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the fire was caused by a defect in the supply cable installed by the defenders
  2. 2 Whether the defenders breached the Electricity Supply Regulations 1988, specifically Regulations 17 and 25(1)
  3. 3 Whether the pursuers proved causation on the balance of probabilities

Ratio Decidendi

The court found, on the balance of probabilities, that the fire was caused by a defect in the supply cable installed by the defenders, specifically arcing at a bend with a radius below the manufacturer's recommended minimum, leading to progressive failure and ignition. The evidence excluded the domestic wiring as the source. The defenders were thus in breach of the Electricity Supply Regulations 1988 and liable for damages.

Court Disposition

Judgment for the pursuers.

Orders

  • Sustain the first plea-in-law for the pursuers.
  • Repel the first, second and third pleas-in-law for the defenders.