DAVID CUNNINGHAM & MRS. VICKI CUNNINGHAM v. GREGOR CAMERON & BRITISH GAS SERVICES LTD [2013] ScotCS CSOH_193 (13 December 2013)

DAVID CUNNINGHAM & MRS. VICKI CUNNINGHAM v. GREGOR CAMERON & BRITISH GAS SERVICES LTD [2013] ScotCS CSOH_193 (13 December 2013)

The fire was caused by a combination of the first defender's negligent obstruction of the boiler flue outlet and the second defenders' breach of duty in failing to detect and remedy a gap between the boiler and flue pipe during servicing. Both factors were necessary for the fire to occur; without either, the fire would not have happened.

Citation
[2013] ScotCS CSOH_193
Parties
Pursuer: David Cunningham; Pursuer: Mrs Vicki Cunningham; First Defender: Gregor Cameron; Second Defender and Third Party: British Gas Services Limited
Jurisdiction
Scotland
Judgment Date
13 December 2013
Procedural Posture
Civil / Proof on Liability Only
Outcome
Liability established against both first defender and second defenders.
Legal Topics
Negligence, Nuisance, Breach of Contract, Fire Damage, Boiler Installation, Service Contract Liability
Delict Contract Property Negligence Nuisance Breach of Contract Fire Damage Boiler Installation +1 more

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Parties

David Cunningham

Pursuer

Mrs Vicki Cunningham

Pursuer

Gregor Cameron

First Defender

British Gas Services Limited

Second Defender and Third Party

Procedural Posture

Civil / Proof on Liability Only

Legal Issues

  1. 1 Whether the first defender was negligent in obstructing the boiler flue outlet
  2. 2 Whether the second defenders breached their contractual and common law duties in servicing the boiler
  3. 3 Causation of fire and resulting property damage

Ratio Decidendi

The fire was caused by a combination of the first defender's negligent obstruction of the boiler flue outlet and the second defenders' breach of duty in failing to detect and remedy a gap between the boiler and flue pipe during servicing. Both factors were necessary for the fire to occur; without either, the fire would not have happened.

Court Disposition

Liability established against both first defender and second defenders.

Orders

  • First defender and second defenders held jointly liable for the fire and resulting damage.
  • Quantum of damages previously agreed by joint minute.