Scottish Water Business Stream Ltd v Chataroo

Debt recovery small claim – Water and sewerage services – Statutory/contractual bases for charge – Jurisdiction. Sheriff Court: Allowing the defender's appeal and refusing the pursuers' cross-appeal in small claims proceedings the pursuers had raised for recovery of a sum said to be outstanding in respect of invoices for water, waste water and drainage services provided to the defender's shop, the court held that the sheriff was not entitled to find that the pursuers had a proper statutory basis for charging the defender, although he was correct to repel the pursuer's submission that the defender had a contractual liability, independent of statue, to pay the charges, and the action ought to have been dismissed due to lack of jurisdiction standing the sheriff's findings as to the contractual basis for charging the defender, with which the court agreed.

Category: