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Anne Mitchell & Karin Mitchell (Aps) v. Glasgow City Council [2008] CSIH 19


Reclaiming Motion:- On 10 August 2001 James Mitchell, aged 72, died as a result of an assault by his neighbour James Drummond. On 12 July 2002 Drummond pled guilty to culpable homicide. In 2003, the deceased's widow and daughter raised this civil action of damages against Glasgow City Council in respect of the death as the defenders had been the local authority landlords of both the deceased and Drummond and the defenders had been aware of Drummond's threatening and aggressive behaviour towards the deceased prior to his death. The basis of the pursuers' claim was that the defenders owed the deceased and his family a duty of care:- (1) to instigate eviction proceedings against Drummond within a reasonable time of complaints about Drummond's behaviour being made; and (2) to warn the deceased about the meeting with Drummond. The action was dismissed following debate and it was against that decision that the pursuers reclaimed here.