Spella v. Scottish Enterprise Ltd & Anor [2006] ScotSC 101 (16 May 2006)

Spella v. Scottish Enterprise Ltd & Anor [2006] ScotSC 101 (16 May 2006)

Increasing the volume of sewage through a public sewer vested in Scottish Water on pursuer's land does not constitute actionable encroachment; statutory breaches under the Sewerage (Scotland) Act 1968 do not confer enforceable rights on the pursuer against the defenders; damages based on ransom value are not recoverable in public sewerage context.

Citation
[2006] ScotSC 101
Parties
Pursuer: Aldo Spella; Defender: Scottish Enterprise Ltd; Defender: Scottish Water
Jurisdiction
Scotland
Judgment Date
16 May 2006
Procedural Posture
Civil Appeal / Post Debate, Interlocutor Recalled, Case Put Out for Further Hearing
Outcome
Appeal allowed; interlocutor of December 2005 recalled; case put out for further hearing.
Legal Topics
Encroachment, Servitude Rights, Public Sewerage, Compensation, Statutory Duties
Property Law Public Utilities Law Scottish Civil Procedure Encroachment Servitude Rights Public Sewerage Compensation Statutory Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Aldo Spella

Pursuer

Scottish Enterprise Ltd

Defender

Scottish Water

Defender

Procedural Posture

Civil Appeal / Post Debate, Interlocutor Recalled, Case Put Out for Further Hearing

Legal Issues

  1. 1 Whether increased sewage flow through a public sewer on pursuer's land constitutes actionable encroachment
  2. 2 Whether pursuer has a remedy against defenders for alleged encroachment
  3. 3 Whether breach of Sewerage (Scotland) Act 1968 confers rights on pursuer

Ratio Decidendi

Increasing the volume of sewage through a public sewer vested in Scottish Water on pursuer's land does not constitute actionable encroachment; statutory breaches under the Sewerage (Scotland) Act 1968 do not confer enforceable rights on the pursuer against the defenders; damages based on ransom value are not recoverable in public sewerage context.

Court Disposition

Appeal allowed; interlocutor of December 2005 recalled; case put out for further hearing.

Orders

  • Case put out by order for hearing on 25 May 2006 at 9.30 am.
  • Expenses reserved.