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Scotland decisions
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JEDWARDS AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE [2019] ScotCS CSOH_27 (19 March 2019)
Flood-damage claim against Fife Council was dismissed on preliminary pleas, while the nuisance claim against a neighbouring landowner was allowed to proceed.
THE COAL AUTHORITY, RECLAIMING MOTION - THE COAL AUTHORITY AGAINST PEGASUS FIRE PROTECTION COMPANY LIMITED [2019] ScotCS CSIH_12 (06 March 2019)
The Inner House held that the pursuers’ pleadings were relevant enough for proof before answer on a contractual indemnity issue, but excluded an alternative breach-based case.
BRITISH TELECOMMUNICATIONS PLC v SCOTTISH WATER AND TPT CIVIL ENGINEERING Ltd [2017] ScotSC 26 (25 April 2017)
A Scottish sheriff court decided expenses after a tender was accepted in a cable-damage claim, allocating costs between the pursuers, defenders, and third party.
Ferguson v Ferguson [2015] ScotCS CSIH_63 (14 August 2015)
Inner House refused a new trial after a dog-bite jury verdict, upholding contributory negligence and a ÂŁ5,000 solatium award as not plainly wrong.
Kelly v Riverside Inverclyde (Property Holdings) Ltd [2014] ScotCS CSOH_86 (16 May 2014)
Personal injury claim dismissed after a seagull swoop at a Greenock business centre. The court found the pursuer did not prove the bird came from the defenders’ premises.
Keenan v. Glasgow Corporation [1923] ScotLR 403 (20 March 1923)
The Inner House held that pleadings of common law liability were too vague, but the pursuer stated a relevant statutory case over a defective kerbstone.
Gray v St Andrews District Committee of Fife CC [1910] ScotCS CSIH_6 (09 December 1910)
The Court of Session held that road authorities breached a statutory duty to keep a statute-labour road at least 20 feet wide, awarding damages for injuries from a collision.
M'Intyre v. The Lochaber District Committee of the County Council of Inverness [1901] ScotLR 39_162 (22 November 1901)
The Court of Session held that a bridge parapet only 8 to 14 inches high was not sufficient fencing under the statute, and upheld liability in damages.
Hand v. North of Scotland Water Authority [2002] ScotCS 51 (22nd February, 2002)
The pursuer, as tenant under a heritable lease, has a sufficient possessory right to claim for economic loss caused by the defenders' alleged failure to repair a sewer, and her pleadings disclose a relevant case in nuisance and under statute, warranting proof before answer.
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