A J ALLAN (BLAIRNYLE) Ltd & Anor AGAINST STRATHCLYDE FIRE BOARD [2014] ScotCS CSOH_135 (02 September 2014)

A J ALLAN (BLAIRNYLE) Ltd & Anor AGAINST STRATHCLYDE FIRE BOARD [2014] ScotCS CSOH_135 (02 September 2014)

The pursuers' pleadings disclose a relevant case of breach of common law duty of care based on assumption of responsibility by the defenders when attending and dealing with the fire at the pursuers' property. The statutory framework does not exclude such liability, and the facts satisfy the Caparo tests of foreseeability, proximity, and fairness. The defenders' pleas to relevancy are repelled and proof before answer is allowed.

Citation
[2014] ScotCS CSOH_135
Parties
Pursuer: A J Allan (Blairnyle) Limited; Pursuer: Another (second pursuer, director of first pursuer); Defender: Strathclyde Fire Board
Jurisdiction
Scotland
Judgment Date
02 September 2014
Procedural Posture
Civil / Procedure Roll, Relevancy Challenge
Outcome
Defenders' first and second pleas-in-law repelled; pursuers' preliminary plea repelled; proof before answer allowed.
Legal Topics
Negligence, Duty of Care, Assumption of Responsibility, Statutory Duties, Fire Services Liability
Tort Public Authority Liability Negligence Duty of Care Assumption of Responsibility Statutory Duties Fire Services Liability

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 17 Party arguments 2
Sign in to unlock

Parties

A J Allan (Blairnyle) Limited

Pursuer

Another (second pursuer, director of first pursuer)

Pursuer

Strathclyde Fire Board

Defender

Procedural Posture

Civil / Procedure Roll, Relevancy Challenge

Legal Issues

  1. 1 Whether Strathclyde Fire Board owed a duty of care to the pursuers in the course of attending and extinguishing a fire at their property
  2. 2 Whether the statutory framework excludes common law liability for negligence in routine firefighting operations
  3. 3 Whether the pleadings disclose sufficient proximity and fairness to impose a duty of care

Ratio Decidendi

The pursuers' pleadings disclose a relevant case of breach of common law duty of care based on assumption of responsibility by the defenders when attending and dealing with the fire at the pursuers' property. The statutory framework does not exclude such liability, and the facts satisfy the Caparo tests of foreseeability, proximity, and fairness. The defenders' pleas to relevancy are repelled and proof before answer is allowed.

Court Disposition

Defenders' first and second pleas-in-law repelled; pursuers' preliminary plea repelled; proof before answer allowed.

Orders

  • Proof before answer allowed on the pursuers' averments
  • Defenders' first and second pleas-in-law repelled