JEDWARDS AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE [2019] ScotCS CSOH_27 (19 March 2019)


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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> JEDWARDS AND ANOTHER AGAINST FIFE COUNCIL AND NORMAN MILNE [2019] ScotCS CSOH_27 (19 March 2019)
URL: http://www.bailii.org/scot/cases/ScotCS/2019/2019_CSOH_27.html
Cite as: [2019] ScotCS CSOH_27

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Page 1 ⇓
A273/17
OUTER HOUSE, COURT OF SESSION
[2019] CSOH 27
OPINION OF LORD ERICHT
In the cause
JACQUELINE GLEN EDWARDS AND ANOTHER
against
FIFE COUNCIL
Pursuers
First Defenders
and
NORMAN MILNE
Second Defender
Pursuer: Lindsay QC; Ledingham Chalmers LLP
First Defender: Hanretty QC; BLM
Second Defender: Duthie; DAC Beachcroft Scotland LLP
19 March 2019
[1]       The pursuers’ house was severely damaged by flooding from the Ceres Burn in Dura
Den in Fife. They raised an action for damages jointly and severally against firstly the local
authority in respect of breach of duties under sections 56 and 59 of the Flood Risk
Management (Scotland) Act 2009 and secondly a neighbouring landowner in nuisance.
Page 2 ⇓
2
They averred that the flood would not have occurred had a weir across the burn not been
blocked with accumulated debris.
[2]       A neighbouring house was also severely damaged by the same flood. The
neighbours also raised an action against the local authority and landowner on the same
grounds. Both cases called before me at the same time for debate on the preliminary pleas of
both the local authority and the landowner. The issues in the current case and the
neighbour’s case were identical.
[3]       I set out my decision on these issues in detail in the neighbour’s case, that is Sabet v
Fife Council and another [2019] CSOH 26.
[4]       For the reasons set out in that decision, I shall sustain the first defender’s third and
fourth pleas-in-law, repel the pursuers’ first and fourth pleas-in-law and dismiss the action
against the first defender.
[5]       I shall allow a proof before answer in respect of the case in nuisance against the
second defender, and shall put the cause out by order for discussion of further procedure in
respect of that case.
[6]       I reserve all questions of expenses in the meantime.


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URL: http://www.bailii.org/scot/cases/ScotCS/2019/2019_CSOH_27.html