JEDWARDS AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE [2019] ScotCS CSOH_27 (19 March 2019)

The action against the first defender (Fife Council) was dismissed based on the reasoning in Sabet v Fife Council and another [2019] CSOH 26, sustaining the first defender's third and fourth pleas-in-law and repelling the pursuers' first and fourth pleas-in-law.

Citation: [2019] ScotCS CSOH_27
Parties: Pursuer: Jacqueline Glen Edwards and another; First Defender: Fife Council; Second Defender: Norman Milne
Jurisdiction: Scotland
Judgment Date: 19 March 2019
Procedural Posture: Damages Action / Preliminary Pleas/debate
Outcome: Action against Fife Council dismissed; proof before answer allowed against Norman Milne
Legal Topics: Flood Risk Management, Nuisance, Statutory Duties

Tort Statutory Liability Flood Risk Management Nuisance Statutory Duties

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2

Parties

Jacqueline Glen Edwards and another

Pursuer

Fife Council

First Defender

Norman Milne

Second Defender

Procedural Posture

Damages Action / Preliminary Pleas/debate

Legal Issues

1 Whether Fife Council breached statutory duties under Flood Risk Management (Scotland) Act 2009
2 Whether Norman Milne is liable in nuisance for flood damage

Ratio Decidendi

Court Disposition

Action against Fife Council dismissed; proof before answer allowed against Norman Milne

Orders

Sustain first defender’s third and fourth pleas-in-law
Repel pursuers’ first and fourth pleas-in-law