Hand v. North of Scotland Water Authority [2002] ScotCS 51 (22nd February, 2002)

Hand v. North of Scotland Water Authority [2002] ScotCS 51 (22nd February, 2002)

The pursuer, as tenant under a heritable lease, has a sufficient possessory right to claim for economic loss caused by the defenders' alleged failure to repair a sewer, and her pleadings disclose a relevant case in nuisance and under statute, warranting proof before answer.

Citation
[2002] ScotCS 51
Parties
Pursuer: Elizabeth May Bernadette Rattray Lyon Hand; Defender: North of Scotland Water Authority
Jurisdiction
Scotland
Procedural Posture
Civil / Debate on Relevancy and Specification; Interlocutory Decision on Preliminary Plea
Outcome
Proof before answer allowed; all pleas to remain on record.
Legal Topics
Nuisance, Economic Loss, Possessory Rights, Statutory Duty Under Sewerage (scotland) Act 1968
Tort Property Law Statutory Liability Nuisance Economic Loss Possessory Rights Statutory Duty Under Sewerage (scotland) Act 1968

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Parties

Elizabeth May Bernadette Rattray Lyon Hand

Pursuer

North of Scotland Water Authority

Defender

Procedural Posture

Civil / Debate on Relevancy and Specification; Interlocutory Decision on Preliminary Plea

Legal Issues

  1. 1 Whether the pursuer's pleadings disclose a relevant case of fault in nuisance and under statute against the defenders for water ingress caused by a defective sewer
  2. 2 Whether the pursuer, as a tenant, has sufficient possessory right to claim for economic loss resulting from property damage
  3. 3 Whether the averments of economic loss are sufficiently specified

Ratio Decidendi

The pursuer, as tenant under a heritable lease, has a sufficient possessory right to claim for economic loss caused by the defenders' alleged failure to repair a sewer, and her pleadings disclose a relevant case in nuisance and under statute, warranting proof before answer.

Court Disposition

Proof before answer allowed; all pleas to remain on record.

Orders

  • Allow proof before answer with all present pleas remaining on the pleadings.