Morris Amusements Limited v. Glasgow City Council and Others [2009] CSOH 84

Debate:- In this action the pursuers, the proprietors of a building in Glasgow, sought damages from the defenders. In 1999 the gable wall of that building was damaged in the course of demolition works which were in progress on an adjacent building, that decision to demolish it on public safety grounds was taken by the first defenders in terms of section 13 of the Building (Scotland) Act 1959. The pursuers' case was based on negligence and nuisance against the Council and the demolition contractors, the second defenders, in relation to the manner in which the works were carried out. At debate the issue was whether the pursuers had pled a relevant case against either or both of the defenders. It was submitted on behalf of the defenders that the pursuers' pleadings disclosed no relevant case of negligence or nuisance against them, and that the averments of alleged loss were so lacking in specification that the claim should be dismissed. Here the court considered whether if all of the averments were to be proved the pursuers' case against either of the defenders would necessarily be bound to fail.