Transco Plc v. Glasgow City Council [2005] ScotCS CSOH_79 (21 June 2005)
The pursuers failed to plead special and strong circumstances justifying their failure to pursue the available statutory remedy. The general rule of subsidiarity applies, barring the remedy of recompense for unjustified enrichment in these circumstances. The action is therefore irrelevant and must be dismissed.
- Citation
- [2005] ScotCS CSOH_79
- Parties
- Pursuer: Transco Plc; Defender: Glasgow City Council
- Jurisdiction
- Scotland
- Judgment Date
- 21 June 2005
- Procedural Posture
- Civil / Procedure Roll Debate on Relevancy
- Outcome
- Action dismissed
- Legal Topics
- Recompense, Statutory Duties, Subsidiarity of Remedies, Public Authority Liability
Case Brief
Summary, issues, holding and outcome
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Parties
Transco Plc
Pursuer
Glasgow City Council
Defender
Procedural Posture
Civil / Procedure Roll Debate on Relevancy
Legal Issues
- 1 Whether the defenders were unjustifiably enriched by the pursuers' performance of statutory duties
- 2 Whether the pursuers are entitled to recompense where a statutory remedy was available
- 3 Whether special and strong circumstances exist to justify bypassing the statutory remedy
Ratio Decidendi
The pursuers failed to plead special and strong circumstances justifying their failure to pursue the available statutory remedy. The general rule of subsidiarity applies, barring the remedy of recompense for unjustified enrichment in these circumstances. The action is therefore irrelevant and must be dismissed.
Court Disposition
Action dismissed
Orders
- Sustain the defenders' second plea-in-law
- Dismiss the action
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