Midlothian Council Against (first) David Anderson Keith, Samuel Anthony Sweeney, Allan D Rennie, And Stephen Blennerhassett As Former Partners Of The Now Dissolved Partnership Of The Firm Of Bracewell Stirling Architects; (second) Raeburn Drilling And Geotechnical Limited; (third) Rps Planning And Development Ltd; (fourth) Blyth & Blyth Consulting Engineers Limited
| Jurisdiction | Scotland |
| Judge | Lord Doherty |
| Neutral Citation | [2019] CSOH 29 |
| Date | 20 March 2019 |
| Docket Number | CA70/16 |
| Court | Court of Session |
| Published date | 20 March 2019 |
OUTER HOUSE, COURT OF SESSION
[2019] CSOH 29
CA70/16
OPINION OF LORD DOHERTY
in the cause
MIDLOTHIAN COUNCIL
Pursuer
against
(FIRST) DAVID ANDERSON KEITH, SAMUEL ANTHONY SWEENEY,
ALLAN D RENNIE, and STEPHEN BLENNERHASSETT as former partners of the now
dissolved partnership of the FIRM OF BRACEWELL STIRLING ARCHITECTS; (SECOND)
RAEBURN DRILLING AND GEOTECHNICAL LIMITED; (THIRD) RPS PLANNING AND
DEVELOPMENT LTD; (FOURTH) BLYTH & BLYTH CONSULTING ENGINEERS
LIMITED
Defenders
Pursuer: Thomson QC, Shepherd & Wedderburn LLP
Fourth Defender: Borland QC, A N McKenzie; BTO
20 March 2019
Introduction
[1] This commercial action arises out of a social housing development at Gorebridge
which had to be demolished a few years after it was built. The development site was located
above coal strata and former mine workings. The second and fourth defenders advised the
pursuer in relation to site investigation and assessment. In reliance on the advice the
pursuer built a development of sixty-four houses on the site. It had no ground gas defence
system. The houses were occupied by tenants of the pursuer. Following complaints of gas
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4 cases
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Wph Developments Limited V Young & Gault Llp (in Liquidation)
...obligation to make reparation to the client prescribed? [7] Relying upon Midlothian Council v Bracewell Stirling Architects & Others [2019] CSOH 29 and Gordon’s Trustees v Campbell Riddell Breeze Paterson LLP 2017 SLT 1287, the defending architect argues that any obligation to make reparati......
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Loretto Housing Association Limited Against Cruden Building & Renewals Limited And Others
...commence on 7 May 2019. However, in light of the decision in Midlothian Council v Raeburn Drilling and Geotechnical Limited and another [2019] CSOH 29 the second defender and the first and second third parties sought to amend their pleadings to make a further prescription argument along the......
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WPH Developments Ltd v Young and Gault LLP
...of Scotland plc [2018] CSIH 70; 2019 SC 168; 2018 SLT 1261; 2018 Hous LR 120 Midlothian Council v Raeburn Drilling and Geotechnical Ltd [2019] CSOH 29; 2019 SLT 1327 Morrison (David T) & Co Ltd (t/a Gael Home Interiors) v ICL Plastics Ltd [2014] UKSC 48; 2014 SC (UKSC) 222; 2014 SLT 791; 20......
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(first) Robert James Franks And Others Against Peter Inglis Rias Riba
...Notwit hstanding the (non-binding) views expressed in the Outer House case of Midlothian Council v Raeburn Drilling a nd Geotechnical Ltd [2019] CSOH 29, it is submitted that section 11(3) correctly construed postpones the commencement of the prescriptive period unt il there is knowledge th......