Angela Mcmanus And Robert Mcmanus Against Scott Wilson Scotland Limited
| Jurisdiction | Scotland |
| Judge | Lord President,Lord Malcolm,Lord Doherty |
| Neutral Citation | [2021] CSIH 37 |
| Docket Number | A116/13 |
| Date | 07 July 2021 |
| Court | Court of Session |
| Published date | 07 July 2021 |
FIRST DIVISION, INNER HOUSE, COURT OF SESSION
[2021] CSIH 37
A116/13
Lord President
Lord Malcolm
Lord Doherty
OPINION OF THE COURT
delivered by LORD DOHERTY
in the cause
by
ANGELA McMANUS and ROBERT McMANUS
Pursuers and Reclaimers
against
SCOTT WILSON SCOTLAND LIMITED
Defender and Respondent
Pursuers and Reclaimers: R D Sutherland; Allan McDougall, Solicitors
Defender and Respondent: Duncan QC, P. Reid; CMS Cameron McKenna Nabarro Olswang LLP
7 July 2021
Introduction
[1] This is a reclaiming motion in the lead case of a group of 44 actions for damages
arising from the same circumstances (see Cour t of Session Direction No 1 of 2013, Personal
Inj ury Actions relating to alleged ground contamination at the Watling Street Development
in Motherwell). The other actions remain sisted. The pursuers challenge the
2
Lord Ordinary’s decision to absolve the defender of liability for personal in jury said to have
been caused to the pursuers by exposure to contaminated vapours.
[2] Between about 1912 and 1939 there was an iron and steel works adjacent to the
Watling St reet site. From 1945 to 1947, part of the site was occupied by the Ministry of
Supply for the purpose of dealing with clothing and surplus equipment from demobilised
soldiers who had returned from World War Two. From 1947 to the late 1970s or early 1980s
there was an engineering works on the site. The works were occupied by companies in the
AIE Grou p, in particular Metropolitan Vickers and Satchwell Sunvic.
[3] The Watling Street housing development was planned and completed between 1990
and 2001. The defender is the successor entity to a firm of engin eers that entered into
engagements with a number of parties at different times in connection with the
development of the site. For convenience we shall also refer to that predecessor as the
defender. Th e other contracting parties were the Scottish Development Agency (“the SDA”)
(which became Scottish Enterprise), Lanarkshire Development Agency (“LDA”), City Link
Development Company Limited (“City Link”), and Scottish Homes. The pursuers’ case is
that the defender breached duties of care they maintain were owed to them as future
residents in respect of the investigation and remediation of contamination at the site.
[4] The action was formerly directed against four defenders: City Link; the present
defender; North Lanarkshire Council; and Lanarkshire Housing Association Limited
(“LHA”). However, the Council was assoilzied on 20 September 2013, and the actions
against City Link and LHA were dismissed on 13 January 2016 ([2015] CSOH 178). A
reclaiming motion against the dismissal of the action against City Link was not insisted
upon, and a reclaiming motion against dismissal of the action against LHA was refused on
14 February 2017 ([2017] CSIH 12).
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