Globe (Aberdeen) Ltd v North Of Scotland Water Authority [2000] ScotCS 63 (10 March 2000)

Globe (Aberdeen) Ltd v North Of Scotland Water Authority [2000] ScotCS 63 (10 March 2000)

It cannot be affirmed without careful consideration that pure economic loss is necessarily too remote in nuisance cases; averments of financial loss are sufficiently specific to go to proof.

Citation
[2000] ScotCS 63
Parties
Pursuers and Appellants: The Globe (Aberdeen) Limited; Defenders and Respondents: North Of Scotland Water Authority
Jurisdiction
Scotland
Judgment Date
10 March 2000
Procedural Posture
Appeal / Appeal From Dismissal by Sheriff, Inner House Decision
Outcome
Appeal allowed
Legal Topics
Nuisance, Economic Loss, Duty of Care
Tort Property Law Nuisance Economic Loss Duty of Care

Case Brief

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Parties

The Globe (Aberdeen) Limited

Pursuers and Appellants

North Of Scotland Water Authority

Defenders and Respondents

Procedural Posture

Appeal / Appeal From Dismissal by Sheriff, Inner House Decision

Legal Issues

  1. 1 Whether pure economic loss is recoverable in nuisance actions
  2. 2 Whether averments of financial loss are sufficiently specific
  3. 3 Whether the conduct amounted to actionable nuisance

Ratio Decidendi

It cannot be affirmed without careful consideration that pure economic loss is necessarily too remote in nuisance cases; averments of financial loss are sufficiently specific to go to proof.

Court Disposition

Appeal allowed

Orders

  • Remit cause to sheriff to proceed to proof before answer