McCALLS LTD FOR JUDICIAL REVIEW [2019] ScotCS CSOH_88 (12 November 2019)

The statutory duty of the roads authority under section 1(1) of the Roads (Scotland) Act 1984 is limited to maintaining the road in a proper state of repair for safe use by road users. It does not extend to considering the impact of road condition on adjacent premises or to maintaining vaults and arches for the benefit of their owners. The respondents did not err in law in their interpretation or application of the statutory duty.

Citation: [2019] ScotCS CSOH_88
Parties: Petitioner: McCalls Limited; Respondent: Aberdeen City Council
Jurisdiction: Scotland
Judgment Date: 12 November 2019
Procedural Posture: Judicial Review / Final Judgment
Outcome: Petition refused
Legal Topics: Statutory Interpretation, Roads Maintenance Duties, Public Authority Obligations

Administrative Law Local Government Law Statutory Interpretation Roads Maintenance Duties Public Authority Obligations

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Parties

McCalls Limited

Petitioner

Aberdeen City Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Scope of statutory duty under section 1(1) of the Roads (Scotland) Act 1984
2 Whether roads authority must consider impact of road condition on adjacent premises
3 Proper construction of section 1(1) of the 1984 Act

Ratio Decidendi

Court Disposition

Petition refused