SCOTTISH GAS NETWORK v. SCOTTISH WATER [2011] ScotSC 195 (13 December 2011)

SCOTTISH GAS NETWORK v. SCOTTISH WATER [2011] ScotSC 195 (13 December 2011)

The defenders are liable to compensate the pursuers under section 141(1) of the 1991 Act because the damage to the gas pipe was not caused or materially contributed to by the misconduct or negligence of the pursuers or their contractors. The water pipe failed due to corrosion and was at the end of its service life. The defenders are not liable at common law as there was no proven negligence in their response to the leak.

Citation
[2011] ScotSC 195
Parties
Pursuer: Scotland Gas Networks PLC; Defender: Scottish Water
Jurisdiction
Scotland
Judgment Date
13 December 2011
Procedural Posture
Civil (damages/compensation) / Judgment After Proof on Liability Only
Outcome
Defenders found liable to compensate pursuers under section 141(1) of the New Roads and Street Works Act 1991; common law claim dismissed.
Legal Topics
Strict Liability Under New Roads and Street Works Act 1991, Negligence, Statutory Interpretation, Infrastructure Damage, Compensation for Apparatus Damage
Tort/delict Statutory Compensation Public Utilities Law Strict Liability Under New Roads and Street Works Act 1991 Negligence Statutory Interpretation Infrastructure Damage Compensation for Apparatus Damage

Case Brief

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Parties

Scotland Gas Networks PLC

Pursuer

Scottish Water

Defender

Procedural Posture

Civil (damages/compensation) / Judgment After Proof on Liability Only

Legal Issues

  1. 1 Whether the defenders are liable to compensate the pursuers under section 141(1) of the New Roads and Street Works Act 1991 for damage to the gas pipe
  2. 2 Whether the pursuers or their contractors were guilty of misconduct or negligence so as to defeat the statutory claim
  3. 3 Whether the defenders were negligent at common law in failing to respond promptly to notification of a water leak

Ratio Decidendi

The defenders are liable to compensate the pursuers under section 141(1) of the 1991 Act because the damage to the gas pipe was not caused or materially contributed to by the misconduct or negligence of the pursuers or their contractors. The water pipe failed due to corrosion and was at the end of its service life. The defenders are not liable at common law as there was no proven negligence in their response to the leak.

Court Disposition

Defenders found liable to compensate pursuers under section 141(1) of the New Roads and Street Works Act 1991; common law claim dismissed.

Orders

  • Sustains the first plea in law for the pursuers to the extent of finding the defenders liable to compensate the pursuers for expenses reasonably incurred in making good the damage to the gas pipe under section 141(1) of the 1991 Act.
  • Repels the second plea-in-law for the pursuers.