Cruden Building & Renewals Ltd v Scottish Water

Damages – Escape of foul water from sewer – Negligence, breach of statutory duty and nuisance – Title to sue. Court of Session: In action in which the pursuer sued for damages arising out of an escape of foul water from the defender's sewer onto a site on which the pursuer was at the material time a contractor carrying out building works, the court held that in order to have title to sue the pursuer required to have a proprietary right or right of possession in the site of a type as described in Nacap Ltd v Moffat Plant Ltd; on its averments the pursuer's right of possession was not similar to that of an owner as described in Nacap and it had mere contractual rights to use the site for certain limited purposes: accordingly the pursuer's case was irrelevant on the basis that there was no title to sue.

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