K2 Restaurants Ltd v Glasgow City Council & Ors [2011] ScotCS CSOH_171 (18 October 2011)

K2 Restaurants Ltd v Glasgow City Council & Ors [2011] ScotCS CSOH_171 (18 October 2011)

The Council, having undertaken demolition works under statutory authority, owed a duty of care to the pursuers to ensure that the remaining structure, specifically the exposed gable wall, was left in a safe condition. The Council failed to follow its own recommendations and standard practice by omitting necessary tying-in and stabilisation works, despite foreseeable risk of collapse. This omission constituted a breach of duty, directly resulting in the collapse and damage. The claim was not prescribed as the pursuers acted within the relevant limitation period.

Citation
[2011] ScotCS CSOH_171
Parties
Pursuer: K2 Restaurants Limited; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
18 October 2011
Procedural Posture
Civil Damages (reparation) / Judgment After Proof (trial) on Liability Only; Quantum Agreed
Outcome
Liability established against Glasgow City Council; claim not prescribed.
Legal Topics
Negligence, Duty of Care, Building (scotland) Act 1959, Demolition Works, Structural Safety, Prescriptive Period
Tort Building Law Local Government Law Negligence Duty of Care Building (scotland) Act 1959 Demolition Works Structural Safety +1 more

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Parties

K2 Restaurants Limited

Pursuer

Glasgow City Council

Defender

Procedural Posture

Civil Damages (reparation) / Judgment After Proof (trial) on Liability Only; Quantum Agreed

Legal Issues

  1. 1 Whether Glasgow City Council owed a duty of care to the pursuers in the execution of demolition works under section 13 of the Building (Scotland) Act 1959
  2. 2 Whether the Council breached that duty by failing to ensure the structural safety of the exposed gable wall
  3. 3 Whether the pursuers' claim was prescribed (time-barred)

Ratio Decidendi

The Council, having undertaken demolition works under statutory authority, owed a duty of care to the pursuers to ensure that the remaining structure, specifically the exposed gable wall, was left in a safe condition. The Council failed to follow its own recommendations and standard practice by omitting necessary tying-in and stabilisation works, despite foreseeable risk of collapse. This omission constituted a breach of duty, directly resulting in the collapse and damage. The claim was not prescribed as the pursuers acted within the relevant limitation period.

Court Disposition

Liability established against Glasgow City Council; claim not prescribed.

Orders

  • Defenders found liable to make reparation to the pursuers for agreed damages of £175,000 plus interest from 6 November 1996.