K2 Restaurants Ltd v Glasgow City Council & Ors

Defenders: G eoff J Clark Clarke e QC and B Smith; The Anderson Partnership for Hennessy Bowie & Co, Glasgow

[1] The pursuers are a company with a place of business at 235 North Street , Glasgow . They operate an Indian cuisine restaurant known as the Koh I Noor on those premises. The remaining defenders in the action are Glasgow City Council, a local authority with its headquarters in George Square . This action was raised in October 2001. For the first four years or so of its progress a demolition company, also based in Glasgow , was involved in the action as second defenders. However, on 21 December 2005 , of consent, the second defenders were assolizied from the conclusions of the summons.

[8] In re-examination Mr Tahir confirmed that he had never been aware of any "planning requirement" being intimated nor had he been told that any treatment works were to be carried out by him. On the issue of when Mr Rae had examined 239 North Street , Mr Tahir recalled that when the collapse happened the insurance company wanted him to look after the neighbouring proprietor's interests and it was in that context that he had examined the property. He was quite clear that Mr Rae had not inspected No. 239 prior to the collapse.

(a) The area of brickwork formerly located within the roof void should have been taken down to the third floor ceiling level and rebuilt or alternatively tied back to the adjoining property roof structure. Mortar joints should have been raked out and re-pointed where excessive expansion, erosion and crumbling had occurred and isolated spalled bricks should have been cut out and replaced by new.

(b) The entire elevation should have been weather protected to prevent further erosion/deterioration of the brickwork and penetrating dampness to the adjoining premises. This could have been executed by the application of polythene sheeting and timber struts over the entire elevations.