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:
Statutes:
Jurisdiction:
Scotland
Nuisance, Utilities
Updated: 22 July 2022; Ref: scu.279753