Cruden Building and Renewals Ltd v Scottish Water [2017] ScotCS CSOH_98 (05 July 2017)

Cruden Building and Renewals Ltd v Scottish Water [2017] ScotCS CSOH_98 (05 July 2017)

The pursuers' rights in relation to the site are contractual and limited to use for contract works, lacking proprietary or possessory title similar to ownership. As their claim for economic loss arises from damage to property they do not own or possess in the requisite manner, they have no title to sue under established legal principles.

Citation
[2017] ScotCS CSOH_98
Parties
Pursuer: Cruden Building & Renewals Limited; Defender: Scottish Water
Jurisdiction
Scotland
Judgment Date
05 July 2017
Procedural Posture
Civil / Debate on Relevancy/title to Sue
Outcome
action dismissed
Legal Topics
Title to Sue, Economic Loss, Damage to Property, Possessory Rights, Nuisance
Tort Contract Property Title to Sue Economic Loss Damage to Property Possessory Rights Nuisance

Case Brief

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Parties

Cruden Building & Renewals Limited

Pursuer

Scottish Water

Defender

Procedural Posture

Civil / Debate on Relevancy/title to Sue

Legal Issues

  1. 1 Whether the pursuers have title and interest to sue for economic loss arising from delay caused by damage to property not owned by them
  2. 2 Whether contractual rights of possession suffice for title to sue in negligence, breach of statutory duty, or nuisance

Ratio Decidendi

The pursuers' rights in relation to the site are contractual and limited to use for contract works, lacking proprietary or possessory title similar to ownership. As their claim for economic loss arises from damage to property they do not own or possess in the requisite manner, they have no title to sue under established legal principles.

Court Disposition

action dismissed

Orders

  • defenders' first and second pleas in law sustained
  • pursuers' pleas in law repelled