A J Allan (Blairnyle) Limited and Another -v- Strathclyde Fire Board
14 January 2016
A fire service attended to a fire before leaving, believing the fire to be extinguished. The fire thereafter re-ignited and damage occurred. A preliminary plea to the relevance was not upheld by the Lord Ordinary. The Lord Ordinary’s decision has been successfully reclaimed by the fire service, who were represented by Axiom’s Roddy Dunlop QC and Ewen Campbell.. All three judges issued opinions in favour the fire service. It was held that attending the fire did not amount to an assumption of responsibility. Attending the fire was in fact the fire service carrying out a statutory function, from which no parasitic common law duty of care arose. The fire service would only be held liable if, as a result of their attendance at an emergency call, they caused damage that would not otherwise have occurred.
The decision can be found here: http://www.scotcourts.gov.uk/search-judgments/judgment?id=c75001a7-8980-69d2-b500-ff0000d74aa7”
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