Drake v. Dow & Anor [2005] ScotSC 51 (19 August 2005)

Drake v. Dow & Anor [2005] ScotSC 51 (19 August 2005)

The Praetorian Edict does not apply to bed and breakfast establishments in Scotland, and section 1(1) of the Hotel Proprietors Act 1956 excludes such liability for non-hotel establishments. The pursuer's claim was not soundly based in law, and insufficient detail was provided to establish negligence or quasi-delict.

Citation
[2005] ScotSC 51
Parties
Pursuer and Appellant: Brian Drake; Defender and Respondent: Charles Dow; Defender and Respondent: Iris Dow
Jurisdiction
Scotland
Judgment Date
19 August 2005
Procedural Posture
Summary Cause Appeal / Appeal From Dismissal at Initial Hearing
Outcome
Appeal refused; action dismissed
Legal Topics
Praetorian Edict, Innkeeper Liability, Hotel Proprietors Act 1956, Duty of Care, Negligence, Quasi Delict
Delict Negligence Hospitality Law Praetorian Edict Innkeeper Liability Hotel Proprietors Act 1956 Duty of Care Quasi Delict

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Parties

Brian Drake

Pursuer and Appellant

Charles Dow

Defender and Respondent

Iris Dow

Defender and Respondent

Procedural Posture

Summary Cause Appeal / Appeal From Dismissal at Initial Hearing

Legal Issues

  1. 1 Does the Praetorian Edict apply to bed and breakfast establishments in Scotland?
  2. 2 Are the defenders liable for loss of property under negligence or quasi-delict?
  3. 3 Does the Hotel Proprietors Act 1956 exclude liability for non-hotel establishments?

Ratio Decidendi

The Praetorian Edict does not apply to bed and breakfast establishments in Scotland, and section 1(1) of the Hotel Proprietors Act 1956 excludes such liability for non-hotel establishments. The pursuer's claim was not soundly based in law, and insufficient detail was provided to establish negligence or quasi-delict.

Court Disposition

Appeal refused; action dismissed

Orders

  • Adheres to the interlocutor of the sheriff dated 17 February 2005 dismissing the action
  • Grants decree against the pursuer for payment to the defenders of assessed expenses of £554.24 payable at £5 per week