A J Allan (Blairnyle) Limited and Another -v- Strathclyde Fire BoardBack to News Listing
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”
David Whitehouse and Paul Clark v The Chief Constable and The Lord Advocate  CSIH 52
Axiom the “go-to” stable, “boasting an unrivalled bench of experienced commercial advocates”
Home to ‘the strongest collection of expertise at the Scottish Bar in relation to public law”’
Joanna Cherry and others v the Advocate General for Scotland - Key involvement from numerous Axiom members in landmark constitutional case