Midlothian Council v Keith and others (Blyth and Blyth Consulting Engineers Ltd, third party)

Commercial contract – Construction – Liability for breaches of contract by third parties – Relevancy and specification of averments. Court of Session: In an action in which a local authority sought damages from three defenders jointly and severally for loss incurred when a social housing development became uninhabitable due to ingress of ground gas from coal mine workings, the court held that the pursuer had not made out a relevant case for holding the first defenders responsible for the alleged breaches of contract by other consultants and contractors with which the action was concerned; it ordered the council to provide a note setting out the basis of its case against the second defender; and it allowed a proof before answer to determine whether the losses the pursuer claimed to have sustained were of a type for which the third defender could be treated as having assumed responsibility.

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