ANGELA McMANUS AND ROBERT McMANUS AGAINST SCOTT WILSON SCOTLAND LTD [2021] ScotCS CSIH_37 (07 July 2021)

ANGELA McMANUS AND ROBERT McMANUS AGAINST SCOTT WILSON SCOTLAND LTD [2021] ScotCS CSIH_37 (07 July 2021)

The defender owed a duty of care to future residents to exercise reasonable care in performing its agreed contractual role, but did not breach that duty. The defender's desktop study, site investigation, and remediation strategy were consistent with normal practice and relevant guidance. No duty existed to review prior work upon discovery of TCE contamination.

Citation
[2021] ScotCS CSIH_37
Parties
Pursuer and Reclaimer: Angela McManus; Pursuer and Reclaimer: Robert McManus; Defender and Respondent: Scott Wilson Scotland Limited
Jurisdiction
Scotland
Judgment Date
07 July 2021
Procedural Posture
Reclaiming Motion in Personal Injury Action / Appeal From Lord Ordinary's Decision
Outcome
reclaiming motion refused; interlocutor of Lord Ordinary adhered to
Legal Topics
Duty of Care, Breach of Duty, Site Contamination, Remediation, Expert Evidence
Tort Personal Injury Professional Negligence Duty of Care Breach of Duty Site Contamination Remediation Expert Evidence

Case Brief

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Parties

Angela McManus

Pursuer and Reclaimer

Robert McManus

Pursuer and Reclaimer

Scott Wilson Scotland Limited

Defender and Respondent

Procedural Posture

Reclaiming Motion in Personal Injury Action / Appeal From Lord Ordinary's Decision

Legal Issues

  1. 1 Did the defender owe a duty of care to future residents regarding site contamination investigation and remediation?
  2. 2 Did the defender breach that duty of care in its investigation and remediation of the site?
  3. 3 Was the desktop study carried out by the defender adequate?

Ratio Decidendi

The defender owed a duty of care to future residents to exercise reasonable care in performing its agreed contractual role, but did not breach that duty. The defender's desktop study, site investigation, and remediation strategy were consistent with normal practice and relevant guidance. No duty existed to review prior work upon discovery of TCE contamination.

Court Disposition

reclaiming motion refused; interlocutor of Lord Ordinary adhered to

Orders

  • The reclaiming motion is refused.
  • The interlocutor of the Lord Ordinary is adhered to.