RHM Bakeries (Scotland) Ltd v Strathclyde Regional Council: HL 24 Jan 1985

The pursuers sought damages after the defender’s sewer collapsed, flooding their bakery.
Held: The local authority’s appeal succeeded. It was not liable. The duty of the local authority under section 2 of the Act of 1968 was not an ‘absolute duty’ as averred by RHM and that RHM’s averments of breach of statutory duty were therefore irrelevant.

Citations:

[1985] UKHL 9

Links:

Bailii

Statutes:

Sewerage (Scotland) Act 1968

Jurisdiction:

Scotland

Nuisance, Utilities

Updated: 22 July 2022; Ref: scu.279753