McManus & Anor v City Link Development Company Ltd & Ors [2017] ScotCS CSIH_12 (14 February 2017)

McManus & Anor v City Link Development Company Ltd & Ors [2017] ScotCS CSIH_12 (14 February 2017)

The pursuers' pleadings did not sufficiently aver facts linking the second defenders to unlawful deposit of controlled waste post-1994 or absence of a waste management licence, nor did they aver that the properties were unfit for human habitation at the commencement of tenancy as required by the Housing (Scotland) Acts. The Lord Ordinary was correct to dismiss the action against the second and third defenders for lack of relevant averments.

Citation
[2017] ScotCS CSIH_12
Parties
Pursuer and Reclaimer: Angela McManus; Pursuer and Reclaimer: Robert McManus; First Defender and Respondent: City Link Development Company Limited; Second Defender and Respondent: Scott Wilson Scotland Limited; Third Defender and Respondent: Lanarkshire Housing Association Limited
Jurisdiction
Scotland
Judgment Date
14 February 2017
Procedural Posture
Reclaiming Motion (appeal) / Appeal From Lord Ordinary's Dismissal at Procedure Roll
Outcome
Appeal refused; action dismissed against second and third defenders.
Legal Topics
Statutory Duty Under Environmental Protection Act 1990, Statutory Duty Under Housing (scotland) Acts 1987 and 2001, Common Law Breach of Contract, Fitness for Human Habitation, Specification and Relevancy of Pleadings
Environmental Law Housing Law Contract Law Tort/delict Statutory Duty Under Environmental Protection Act 1990 Statutory Duty Under Housing (scotland) Acts 1987 and 2001 Common Law Breach of Contract Fitness for Human Habitation +1 more

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Parties

Angela McManus

Pursuer and Reclaimer

Robert McManus

Pursuer and Reclaimer

City Link Development Company Limited

First Defender and Respondent

Scott Wilson Scotland Limited

Second Defender and Respondent

Lanarkshire Housing Association Limited

Third Defender and Respondent

Procedural Posture

Reclaiming Motion (appeal) / Appeal From Lord Ordinary's Dismissal at Procedure Roll

Legal Issues

  1. 1 Whether pursuers' pleadings are relevant and sufficiently specific to found statutory claims against second and third defenders
  2. 2 Interpretation and application of section 33(1)(a) Environmental Protection Act 1990
  3. 3 Interpretation of statutory duties under Housing (Scotland) Acts 1987 and 2001

Ratio Decidendi

The pursuers' pleadings did not sufficiently aver facts linking the second defenders to unlawful deposit of controlled waste post-1994 or absence of a waste management licence, nor did they aver that the properties were unfit for human habitation at the commencement of tenancy as required by the Housing (Scotland) Acts. The Lord Ordinary was correct to dismiss the action against the second and third defenders for lack of relevant averments.

Court Disposition

Appeal refused; action dismissed against second and third defenders.

Orders

  • Reclaiming Motion refused.
  • Action dismissed against second and third defenders.