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MITCHELL & ANOR v GLASGOW CITY COUNCIL

A duty to warn another person that he was at risk of loss, injury or damage as the result of the criminal act of a third party would arise only where the person who was said to be under that duty had by his words or conduct assumed responsibility for the safety of the person who was at risk. In the instant case, the local authority had not been under a duty to warn a tenant that his neighbour might resort to violence after being informed that he risked being evicted.

24 February 2009

The appellant local authority appealed against a decision ((2008) CSIH 19, 2008 SC 351) allowing a proof before answer on the case of the respondents (M) in negligence. M cross-appealed against the court's decision to exclude from probation their averments that the local authority had acted incompatibly with the European Convention on Human Rights 1950 art.2. M were the widow and daughter of a man (D) who had been attacked and killed by his next-door neighbour (X). D and X were tenants of the local authority. In 1994, X used an iron bar to batter D's door and smash his windows after D had tried to get him to turn the volume of his music down. Thereafter X made repeated threats to kill D and intimidated other residents. On July 26, 2001, the local authority wrote to X inviting him to a meeting to be held on July 31. He was told that the purpose of the meeting was to discuss a recent incident involving D and a notice of proceedings for recovery of possession that had been served on hi...

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