CHALMERS AND (SECOND) GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD [2019] ScotCS CSOH_63 (13 August 2019)

CHALMERS AND (SECOND) GAIL CHALMERS AGAINST DIAGEO SCOTLAND LTD [2019] ScotCS CSOH_63 (13 August 2019)

The pursuers' pleadings are sufficiently specific and relevant to justify allowance of proof before answer. Double counting between diminution in value/loss of amenity and cleaning costs is not established at this stage; proper measure of loss to be determined after hearing evidence.

Citation
[2019] ScotCS CSOH_63
Parties
Pursuer: Thomas Chalmers; Pursuer: Gail Chalmers; Defender: Diageo Scotland Limited
Jurisdiction
Scotland
Judgment Date
13 August 2019
Procedural Posture
Ordinary Action / Debate on Relevancy and Specification; Interlocutor Allowing Proof Before Answer
Outcome
Proof before answer allowed
Legal Topics
Nuisance, Damages, Quantification of Loss, Double Counting
Tort Property Law Nuisance Damages Quantification of Loss Double Counting

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Parties

Thomas Chalmers

Pursuer

Gail Chalmers

Pursuer

Diageo Scotland Limited

Defender

Procedural Posture

Ordinary Action / Debate on Relevancy and Specification; Interlocutor Allowing Proof Before Answer

Legal Issues

  1. 1 Whether pursuers' pleadings on quantification of loss are sufficiently specific and relevant to proceed to proof
  2. 2 Whether claims for diminution in value and cleaning costs constitute double counting
  3. 3 Appropriate measure of damages for continuing nuisance

Ratio Decidendi

The pursuers' pleadings are sufficiently specific and relevant to justify allowance of proof before answer. Double counting between diminution in value/loss of amenity and cleaning costs is not established at this stage; proper measure of loss to be determined after hearing evidence.

Court Disposition

Proof before answer allowed

Orders

  • Interlocutor pronounced allowing proof before answer
  • Questions of expenses reserved