Angus v National Coal Board [1955] ScotCS CSIH_1 (09 February 1955)

Angus v National Coal Board [1955] ScotCS CSIH_1 (09 February 1955)

Section 48(1)(a) of the Coal Industry Nationalisation Act 1946 does not transfer to the National Coal Board liability for negligence causing personal injury to non-owners of land; it only transfers liability for breaches of the right of support as an incident of property ownership. The pursuer failed to aver a breach of the right of support, and thus the action is irrelevant and must be dismissed.

Citation
[1955] ScotCS CSIH_1
Parties
Pursuer: Angus; Defender: National Coal Board
Jurisdiction
Scotland
Judgment Date
09 February 1955
Procedural Posture
Civil / Appeal (reclaiming Motion)
Outcome
action dismissed
Legal Topics
Right of Support, Negligence, Liability Transfer Under Statute, Mining Subsidence, Coal Industry Nationalisation Act 1946
Tort Property Law Statutory Interpretation Right of Support Negligence Liability Transfer Under Statute Mining Subsidence Coal Industry Nationalisation Act 1946

Case Brief

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Parties

Angus

Pursuer

National Coal Board

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion)

Legal Issues

  1. 1 Does section 48(1)(a) of the Coal Industry Nationalisation Act 1946 transfer liability for negligence causing personal injury to the National Coal Board?
  2. 2 Is a claim for personal injury due to subsidence a breach of a 'right of support' within the meaning of the statute?

Ratio Decidendi

Section 48(1)(a) of the Coal Industry Nationalisation Act 1946 does not transfer to the National Coal Board liability for negligence causing personal injury to non-owners of land; it only transfers liability for breaches of the right of support as an incident of property ownership. The pursuer failed to aver a breach of the right of support, and thus the action is irrelevant and must be dismissed.

Court Disposition

action dismissed

Orders

  • reclaiming motion refused
  • judgment of the Lord Ordinary adhered to