Soutar v. Mulhern [1907] ScotLR 563 (16 March 1907)

Soutar v. Mulhern [1907] ScotLR 563 (16 March 1907)

The Court held that the action was competent as the sum sued for met the jurisdictional threshold, and that while claims for annoyance, discomfort, and anxiety were irrelevant, the tenant's averments of pecuniary loss due to illness and removal were relevant and should be remitted to proof before answer.

Citation
[1907] ScotLR 563
Parties
Pursuer: Thomas Garrow Soutar; Defender: John Mulhern
Jurisdiction
Scotland
Judgment Date
16 March 1907
Procedural Posture
Reparation (damages) / Appeal Against Lord Ordinary's Interlocutor; Remit for Proof Before Answer
Outcome
interlocutor of Lord Ordinary recalled; remit for proof before answer on specified heads of damage
Legal Topics
Defective Drainage, Landlord's Duty, Recoverable Damages, Jurisdictional Competence
Tort Landlord and Tenant Defective Drainage Landlord's Duty Recoverable Damages Jurisdictional Competence

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Parties

Thomas Garrow Soutar

Pursuer

John Mulhern

Defender

Procedural Posture

Reparation (damages) / Appeal Against Lord Ordinary's Interlocutor; Remit for Proof Before Answer

Legal Issues

  1. 1 Whether the landlord is liable for damages due to defective drainage causing illness and loss to the tenant
  2. 2 Whether claims for annoyance, discomfort, and anxiety are relevant heads of damage
  3. 3 Whether the action is competent in the Court of Session given the probable amount recoverable

Ratio Decidendi

The Court held that the action was competent as the sum sued for met the jurisdictional threshold, and that while claims for annoyance, discomfort, and anxiety were irrelevant, the tenant's averments of pecuniary loss due to illness and removal were relevant and should be remitted to proof before answer.

Court Disposition

interlocutor of Lord Ordinary recalled; remit for proof before answer on specified heads of damage

Orders

  • Proof before answer allowed on items specified in heads 1 and 3 of the pursuer's specification of pecuniary loss
  • All questions of expenses reserved