Leonard Samuel Parker Simpson and Suzanne Louise Simpson against Scottish Water (Sheriff Court Civil) [2026] SCAIR 37 (25 March 2026)

Leonard Samuel Parker Simpson and Suzanne Louise Simpson against Scottish Water (Sheriff Court Civil) [2026] SCAIR 37 (25 March 2026)

The court held that the pursuers' action, based on common law nuisance arising from the escape of sewage from a pipe onto their property, is competent because the statutory scheme under the Sewerage (Scotland) Act 1968 does not reserve such claims exclusively to the statutory regulator or compensation scheme. The statutory duties and compensation scheme do not cover the specific nuisance alleged. The pleadings are sufficiently relevant and specific to proceed to proof before answer.

Citation
[2026] SCAIR 37
Parties
Pursuer: Leonard Samuel Parker Simpson; Pursuer: Suzanne Louise Simpson; Defender: Scottish Water
Jurisdiction
Scotland
Judgment Date
25 March 2026
Procedural Posture
Civil / Interlocutory Judgment on Competency and Relevancy, Fixing Proof Before Answer
Outcome
Defender's plea to competency refused in hoc statu; proof before answer fixed; expenses reserved.
Legal Topics
Nuisance, Statutory Duties of Water Authorities, Competency of Action, Relevancy and Specification of Pleadings, Remedies for Nuisance
Civil Procedure Property Law Environmental Law Nuisance Statutory Duties of Water Authorities Competency of Action Relevancy and Specification of Pleadings Remedies for Nuisance

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Parties

Leonard Samuel Parker Simpson

Pursuer

Suzanne Louise Simpson

Pursuer

Scottish Water

Defender

Procedural Posture

Civil / Interlocutory Judgment on Competency and Relevancy, Fixing Proof Before Answer

Legal Issues

  1. 1 Whether the pursuers' action for nuisance against Scottish Water is competent in light of the statutory scheme under the Sewerage (Scotland) Act 1968.
  2. 2 Whether the pleadings are sufficiently relevant and specific to proceed to proof before answer.
  3. 3 Whether the court can grant orders ad factum praestandum or interdict against Scottish Water in relation to its statutory duties.

Ratio Decidendi

The court held that the pursuers' action, based on common law nuisance arising from the escape of sewage from a pipe onto their property, is competent because the statutory scheme under the Sewerage (Scotland) Act 1968 does not reserve such claims exclusively to the statutory regulator or compensation scheme. The statutory duties and compensation scheme do not cover the specific nuisance alleged. The pleadings are sufficiently relevant and specific to proceed to proof before answer.

Court Disposition

Defender's plea to competency refused in hoc statu; proof before answer fixed; expenses reserved.

Orders

  • Refusal of defender's plea to competency at this stage.
  • Reservation of consideration of pleas on relevancy to proof before answer.