Pullar v Window Clean [1955] ScotCS CSIH_6 (11 October 1955)

Pullar v Window Clean [1955] ScotCS CSIH_6 (11 October 1955)

Section 52 of the Order imposes a public duty as part of the general building code, enforceable by the Dean of Guild Court through penalties, not a private duty enforceable by individuals. The statute does not manifest a clear intention to confer a right to civil damages on window cleaners or any particular class. The pursuer has no right to found a civil claim for damages on breach of section 52.

Citation
[1955] ScotCS CSIH_6
Parties
Pursuer: Pullar; First Named Defender: Window Clean Limited; Second Named Defender: Scottish Special Housing Association, Limited
Jurisdiction
Scotland
Judgment Date
11 October 1955
Procedural Posture
Civil Delict (personal Injury) / Reclaiming Motion (appeal) Against Interlocutor Assoilzieing Second Named Defenders
Outcome
Appeal refused; interlocutor affirmed; claim against second-named defenders dismissed.
Legal Topics
Statutory Duty and Civil Liability, Public Versus Private Duty, Building Code Enforcement, Window Cleaning Safety
Delict Statutory Interpretation Building Regulation Statutory Duty and Civil Liability Public Versus Private Duty Building Code Enforcement Window Cleaning Safety

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Parties

Pullar

Pursuer

Window Clean Limited

First Named Defender

Scottish Special Housing Association, Limited

Second Named Defender

Procedural Posture

Civil Delict (personal Injury) / Reclaiming Motion (appeal) Against Interlocutor Assoilzieing Second Named Defenders

Legal Issues

  1. 1 Does breach of section 52 of the Edinburgh Corporation (Streets Buildings and Sewers) Order create a civil right of action for damages by an injured window cleaner against the building owner?
  2. 2 Is the duty imposed by section 52 a public duty only, or does it confer a private right enforceable by individuals?

Ratio Decidendi

Section 52 of the Order imposes a public duty as part of the general building code, enforceable by the Dean of Guild Court through penalties, not a private duty enforceable by individuals. The statute does not manifest a clear intention to confer a right to civil damages on window cleaners or any particular class. The pursuer has no right to found a civil claim for damages on breach of section 52.

Court Disposition

Appeal refused; interlocutor affirmed; claim against second-named defenders dismissed.

Orders

  • Repel first plea in law for the pursuer (added in Inner House).
  • Sustain first plea in law for the second-named defenders.