Scotland's Social Housing Sector is closely monitoring the now high profile 'Mitchell' case about to be heard by the Law Lords, and the outcome of which could have far reaching implications for the management and liability of Housing Associations across Scotland.
A final hearing on the case is set for the first week in December, with a judgment expected from the Law Lords in the New Year.
The case is based on a claim for £150,000 compensation against Glasgow City Council by the family of James Mitchell, who was killed by his neighbour. The Council is being accused of failing in its duty of care on the premise that it did not evict the killer, James Drummond, despite complaints regarding his behaviour and arrests for threatening his neighbours. It has also been said that the Council should have warned Mr Mitchell about threats made by James Drummond in the hours before the attack which lead to his death. James Drummond was subsequently convicted of culpable homicide and sentenced to eight years in prison.
Eight Registered Social Landlords (RSLs) have sought to have their views heard under the 'Intervention Procedure', which enables interested parties to explain how a change in the law arising out of a specific case will affect a particular interest group.
The RSLs have intervened because the decision by the Law Lords will have a major impact on the sector. It will affect the way in which anti-social behaviour is managed, and if approved will impose a significant liability on RSLs.
Derek Hogg, Head of Social Housing with lawyers McClure Naismith, which is advising the eight Housing Associations, said: "The RSLs have sought to intervene in order to ensure there is a balanced view on the implications of the case, and that full consideration is given to the practical impact any judgment would have on RSLs."
Graham Craik, Litigation Partner with McClure Naismith, who is lead adviser on the case added: "As the case currently stands RSLs which deal with antisocial behaviour proactively risk financial claims arising from the criminal actions of the tenant involved. The irony which that creates is that an RSL which does nothing about the same antisocial behaviour avoids the risk of incurring a liability because they cannot be said to have assumed responsibility."
(GK/JM)
Time and date
CONSTRUCTION DIRECTORY
Latest Construction News
01/05/2024
GRAHAM has announced the start of construction work on a new £59m low-carbon development in Edinburgh which combines student flats, build-to-rent and affordable homes. The Burnet Point scheme in Abbey Lane is the first-ever mixed-use residential development of its kind by Unite Students, one of ...
01/05/2024
A groundbreaking ceremony has marked the start of the next major phase of works on the replacement development at Liberton High School. Contractor Balfour Beatty welcomed Head Teacher Alison Humphreys, current high school and primary school pupils who will be educated at the new school, and ...
01/05/2024
Scottish housebuilder, Springfield Properties, has signed a new £10 million contract to deliver affordable housing for Moray Council. The Group will receive funds from the sale of the land to Moray Council in the current financial year and the design and build phase, which accounts for the vast ...
01/05/2024
Consulting and engineering firm, Wood, has been awarded a new decarbonisation contract by TotalEnergies (TEPUK) to support flare gas recovery in the North Sea. The 23-month contract, part of the Elgin-Franklin Flare Gas Recovery System Project, follows Wood's successful completion of a field study ...
01/05/2024
The CCG Group has welcomed the news that they have received seven nominations across six categories at this year's Scottish Home Awards. The Scottish Home Awards is one of the most prestigious in the Scottish housing sector and are set to take place at a glitzy award ceremony on the 13th of ...
01/05/2024
SSEN Distribution has announced month-long programme of infrastructure upgrade works at Loch Ness, to improve the reliability of supplies to over 1,300 homes and businesses, as well as boosting network capacity. The project starts on 2 May and is scheduled to finish by the end of the month. Teams ...
01/05/2024
SSEN Transmission has announced the successful completion of the final phase of the new Port Ann to Crossaig electricity transmission line, after almost three years of construction. Supported on 148 new steel-lattice towers, the new line is designed to be more resilient in extreme weather events, ...
01/05/2024
National Manufacturing Institute Scotland (NMIS) has been announced as a double winner at this year's British Council of Offices (BCO) Regional Awards for Scotland. The project – developed by Morrison Construction on behalf of University of Strathclyde – was successful in the Corporate Workplace ...
01/05/2024
Perth & Kinross Council has announced that a restoration project on Crieff's 130-year-old Murray Fountain will get underway this month, The improvement project, which was announced last year, will see the James Square landmark's masonry repaired and repointed, as well as electrical works to ...
01/05/2024
The Scottish Government has launched a public consultation on proposals to replacing the UK Government's Industrial Injuries Scheme in Scotland. Views are sought on how the Scottish Government's planned Employment Injury Assistance should be delivered and on the next steps for introducing this ...