JAMES HAMILTON and MRS. ANNE HAMILTON v. MOHAMMED WAHLA and RYESIDE CONSTRUCTION LTD [1999] ScotSC 11 (28th April, 1999)

JAMES HAMILTON and MRS. ANNE HAMILTON v. MOHAMMED WAHLA and RYESIDE CONSTRUCTION LTD [1999] ScotSC 11 (28th April, 1999)

The first defender, as tenant and occupier, instructed hazardous building works that caused foreseeable damage to the pursuers' property above. He is liable in nuisance and vicariously for the negligence of his employee. The second defenders were not engaged to execute the damaging works and are not liable.

Citation
[1999] ScotSC 11
Parties
Pursuer: James Hamilton; Pursuer: Mrs. Anne Hamilton; First Defender: Mohammed Wahla; Second Defender: Ryeside Construction Ltd
Jurisdiction
Scotland
Procedural Posture
Civil Action for Damages (nuisance and Negligence) / Judgment After Proof
Outcome
Decree for pursuers against first defender; second defenders assoilzied (absolved).
Legal Topics
Nuisance, Negligence, Vicarious Liability, Hazardous Operations, Damages, Liability of Occupiers
Tort Property Law Civil Procedure Nuisance Negligence Vicarious Liability Hazardous Operations Damages +1 more

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Parties

James Hamilton

Pursuer

Mrs. Anne Hamilton

Pursuer

Mohammed Wahla

First Defender

Ryeside Construction Ltd

Second Defender

Procedural Posture

Civil Action for Damages (nuisance and Negligence) / Judgment After Proof

Legal Issues

  1. 1 Whether the first defender is liable in nuisance for damage caused to the pursuers' property by building works below.
  2. 2 Whether the first defender is vicariously liable for the negligence of his employee.
  3. 3 Whether the second defenders are liable as contractors for the damage caused.

Ratio Decidendi

The first defender, as tenant and occupier, instructed hazardous building works that caused foreseeable damage to the pursuers' property above. He is liable in nuisance and vicariously for the negligence of his employee. The second defenders were not engaged to execute the damaging works and are not liable.

Court Disposition

Decree for pursuers against first defender; second defenders assoilzied (absolved).

Orders

  • First defender to pay £23,983.05 to pursuers with interest as specified.
  • Certification of expert witnesses Peter Carr and David Cochrane.