Council not liable over neighbour attack

No duty of care towards family of tenant killed by neighbour

News, 1 July 2005

A local authority does not owe a duty of care to its tenants over the behaviour of tenants of neighbouring properties, a judge ruled in the Court of Session yesterday.

Lord Bracadale dismissed an action against Glasgow City Council by the widow and daughter of James Mitchell, who died in 2001 after an assault with a piece of wood by their neighbour James Drummond. Drummond was later sentenced to eight years for cuplable homicide.

The Mitchells alleged that Drummond had a long history of threats against Mr Mitchell and the police had been called more than 40 times. He had been warned by the council and given a final warning about eviction only an hour before the fatal attack. They argued that the council should have evicted Drummond years before through it duty of care to them, and warned Mr Mitchell that the final warning notice was to be given to Drummond.

Lord Bracadale however said that the imposition of such a duty would have potentially far-reaching consequences especially in areas where there was a relatively high crime rate or level of antisocial behaviour. The principle would also have to apply to a private landlord, with implications for business as well as residential premises.

Lord Bracadale's opinion can be read at http://www.scotcourts.gov.uk/opinions/2005CSOH84.html .