Cora Foundation & Anor v East Dunbartonshire Council & Anor [2014] ScotCS CSIH_46 (27 May 2014)

Cora Foundation & Anor v East Dunbartonshire Council & Anor [2014] ScotCS CSIH_46 (27 May 2014)

Section 10 of the Riotous Assemblies (Scotland) Act 1822 applies to the events at St Mary's School Kenmure; the assembly was unlawful, riotous, and tumultuous, and the claimants are parties injured entitled to compensation. The statute imposes strict liability on the council, and no restriction based on control, public place, or origin of rioters is justified. The reclaiming motions are refused and the Lord Ordinary's interlocutors adhered to.

Citation
[2014] ScotCS CSIH_46
Parties
Pursuer/respondent: Cora Foundation; Pursuer/respondent: The Board of Managers of St Mary's Kenmure; Defender/reclaimer: East Dunbartonshire Council
Jurisdiction
Scotland
Judgment Date
27 May 2014
Procedural Posture
Reclaiming Motion (appeal) / Appeal Against Lord Ordinary's Interlocutor Allowing Proof Before Answer
Outcome
reclaiming motions refused; interlocutors of Lord Ordinary adhered to
Legal Topics
Riot Damage, Strict Liability, Statutory Interpretation, Compensation for Property Damage
Tort Statutory Compensation Public Law Riot Damage Strict Liability Statutory Interpretation Compensation for Property Damage

Case Brief

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Parties

Cora Foundation

Pursuer/respondent

The Board of Managers of St Mary's Kenmure

Pursuer/respondent

East Dunbartonshire Council

Defender/reclaimer

Procedural Posture

Reclaiming Motion (appeal) / Appeal Against Lord Ordinary's Interlocutor Allowing Proof Before Answer

Legal Issues

  1. 1 Whether the events at St Mary's School Kenmure constituted an 'unlawful, riotous or tumultuous assembly' under section 10 of the Riotous Assemblies (Scotland) Act 1822
  2. 2 Whether Cora Foundation and the Board qualify as 'parties injured' entitled to compensation under section 10

Ratio Decidendi

Section 10 of the Riotous Assemblies (Scotland) Act 1822 applies to the events at St Mary's School Kenmure; the assembly was unlawful, riotous, and tumultuous, and the claimants are parties injured entitled to compensation. The statute imposes strict liability on the council, and no restriction based on control, public place, or origin of rioters is justified. The reclaiming motions are refused and the Lord Ordinary's interlocutors adhered to.

Court Disposition

reclaiming motions refused; interlocutors of Lord Ordinary adhered to

Orders

  • Proof before answer allowed in both actions
  • Council remains liable to pay compensation under section 10 of the 1822 Act