Subscribe to our Construction Newsfeed
Scotland Construction Directory
Search our 14,044 companies....

Construction News

18/11/2008

Mitchell Case Outcome Awaited

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.

-- Advertisement --
NorthernAsbestosServicesLtd

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)

Latest Construction News

17/07/2026
Construction has begun on a new £3.3 million paint facility at BAE Systems’ Govan shipyard in Glasgow as part of a wider programme to modernise the city's naval shipbuilding infrastructure. The new facility will allow ship blocks to be painted in a dedicated space, freeing up existing areas at the
Read More
17/07/2026
Retrofit and energy-efficiency specialist Procast Group has secured two awards at the Energy Efficiency Awards, with apprentice electrician Cameron Sleith also recognised as Apprentice of the Year. The company was named Regional Insulation & Fabric Installer and Contractor of the Year at the awards
Read More
17/07/2026
Residential management specialist Fresh has been appointed by Ropemaker to manage two purpose-built student accommodation (PBSA) developments in Edinburgh. Fresh took over management of Meadow Court and Norton's Student Living on 1 July 2026, expanding its existing partnership with Ropemaker, for w
Read More
17/07/2026
Essential resurfacing on the A721 Carnwath Road in Carluke will require a section of the route to be closed for up to four days this month. The works are scheduled to begin on Tuesday 21 July and will cover the stretch between Stanistone Road and Crawfordwalls Bridge. Traffic will be diverted via
Read More
17/07/2026
Aberdeenshire Council is inviting feedback on proposed changes to its Council Tax approach for long‑term empty properties and second homes, with new mitigations being considered alongside a premium due to take effect on 1 September. From 1 September this year, owners of homes left empty for m
Read More
17/07/2026
Grampian Housing Association has appointed David Fisher as its new group chief executive, succeeding Craig Stirrat who is due to retire later this year. Fisher will take up the role in August 2026 following a competitive recruitment process. The housing association said the Board’s recruitment pane
Read More
17/07/2026
Maryhill Housing Association (MHA) has lodged a planning bid for a 108-home neighbourhood on the long-vacant Collina Street plot in north Maryhill, with most properties proposed as affordable. The association has submitted its application to Glasgow City Council, seeking permission to redevelop the
Read More
17/07/2026
Kier has been appointed by the City of Edinburgh Council to deliver a £23m retrofit of residential accommodation in the Craigmillar and Peffermill districts of Edinburgh. Procured via the Scottish Procurement Alliance (SPA) framework, the scheme underpins the council’s environmental objectives. Kie
Read More
17/07/2026
BEAR Scotland, working on behalf of Transport Scotland, will carry out a series of resurfacing schemes at multiple locations on the A83 between Tarbert and Inveraray from Wednesday 29 July. Crews will operate between 7pm and 6am on working nights, with completion anticipated by Thursday 20 August.
Read More
17/07/2026
Investigations into pollution affecting the Kinghorn Burn in Fife are continuing, with public health advice to avoid contact with the water remaining in place. The Scottish Environment Protection Agency (SEPA) and Scottish Water are working alongside partners including Fife Council, NHS Fife and Fi
Read More
SEEIT3DIBT Building & Timber (Merchants) LtdMV CommercialHamilton Fencing & AgricultureMaccaferri LtdDGC Speed SprayMartin Property Care LimitedIredia ResourcesGalaxy Window BlindsAlternative Tying Systems Ltd