Marc Kershaw And Others Against (1) Connel Community Council & (2) Aggregate Industries Ltd

JurisdictionScotland
JudgeLord Woolman
Neutral Citation[2018] CSOH 111
Date05 December 2018
Docket NumberPD1572/15
CourtCourt of Session
Published date05 December 2018
OUTER HOUSE, COURT OF SESSION
[2018] CSOH 111
PD1572/15
OPINION OF LORD WOOLMAN
in the cause
MARC KERSHAW AND OTHERS
Pursuer
against
(1) CONNEL COMMUNITY COUNCIL & (2) AGGREGATE INDUSTRIES LTD
Defenders
Pursuer: H H Campbell QC, MacMillan; Thompsons
First Defender: Shand QC; Clyde & Co (Scotland) LLP
Second Defender: Galbraith; Weightmans (Scotland) LLP
5 December 2018
Introduction
[1] Can a community council be sued for damages for personal injuries? The question is
one of taxonomy. Is such a body correctly classified as one without a separate legal persona
that cannot be sued? Or is it properly classified as one that can be sued?
Background
[2] I assume the following facts to be true in determining this issue. Connel Community
Council (“Connel CC”) has rights and responsibilities over an area of Argyll that includes

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