Robb v. Dundee City Council [2002] ScotCS 37 (13th February, 2002)

Robb v. Dundee City Council [2002] ScotCS 37 (13th February, 2002)

Although the pursuer proved that the flat was in such a state as to be prejudicial to health and constituted a statutory nuisance, she failed to establish that the defenders were responsible for the nuisance, as the cause was inadequate heating due to her financial circumstances, not any act, default, or structural defect attributable to the defenders.

Citation
[2002] ScotCS 37
Parties
Pursuer and Appellant: Judith Robb; Defenders and Respondents: Dundee City Council
Jurisdiction
Scotland
Procedural Posture
Appeal From Sheriff Court (summary Application) / Appeal to Court of Session, Inner House, After Refusal by Sheriff Principal
Outcome
Appeal dismissed; interlocutors of sheriff and sheriff principal affirmed.
Legal Topics
Statutory Nuisance, Prejudice to Health, Landlord Responsibility, Structural Defects, Common Law Nuisance
Environmental Law Housing Law Public Health Law Statutory Nuisance Prejudice to Health Landlord Responsibility Structural Defects Common Law Nuisance

Case Brief

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Parties

Judith Robb

Pursuer and Appellant

Dundee City Council

Defenders and Respondents

Procedural Posture

Appeal From Sheriff Court (summary Application) / Appeal to Court of Session, Inner House, After Refusal by Sheriff Principal

Legal Issues

  1. 1 Whether the premises occupied by the pursuer constitute a statutory nuisance under section 79(1)(a) of the Environmental Protection Act 1990
  2. 2 Whether the state of the premises is prejudicial to health or a nuisance
  3. 3 Whether the defenders are responsible for the nuisance under section 82(4)(a)

Ratio Decidendi

Although the pursuer proved that the flat was in such a state as to be prejudicial to health and constituted a statutory nuisance, she failed to establish that the defenders were responsible for the nuisance, as the cause was inadequate heating due to her financial circumstances, not any act, default, or structural defect attributable to the defenders.

Court Disposition

Appeal dismissed; interlocutors of sheriff and sheriff principal affirmed.

Orders

  • Sheriff's interlocutor amended to reflect that the pursuer proved the flat was prejudicial to health and a statutory nuisance, but defenders not responsible for the nuisance.
  • Sheriff's interlocutor affirmed insofar as it repelled pursuer's pleas in law and assoilzied defenders from the crave of the writ.