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Mitchell v Glasgow City Council [2009]

Facts

  • Drummond and the claimant’s husband were engaged in a long running dispute; both were tenants of the local authority
  • Drummond was summoned to a meeting where he was told that he would be evicted. Upon his return, he fatally assaulted the claimant’s husband

Issue

  • Could the local authority be liable for not warning Mr Mitchell of the meeting

Decision

  • No liability

Reasoning

  • Under common law, forseeability alone is not enough to justify a duty of care, nor is it fair, just and reasonable to impose a duty where the original purpose is for the good of the general community
  • There was no violation of article 2 of the ECHR, there was no reason for the council to believe that there was a ‘real and immediate risk’ to the life of the claimant’s husband
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