15 March 2024
In recent months, a well-known Pursuer law firm has been active in the press in relation to claims for individuals seeking damages for illness arising out of alleged exposure to mould and dampness in rented, private housing association and local authority housing. This culminated in the announcement on 12 March 2024 that the firm intends to bring group proceedings against housing groups and local authorities.
There are many different types of damp with the main three being rising damp, penetrating damp and condensation damp. The ones of concern to housing groups and landlords are rising and penetrating damp, which usually is their responsibility if they have been caused by issues with the exterior or structure of the home. They have a duty to carry out repairs within a reasonable period once they are made aware of the issue and should have clear processes in place to document, manage and act on reports of damp and mould.
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Wendy Thomson |
The particular focus is on respiratory illnesses either caused or exacerbated by exposure to mould and dampness, such as asthma, bronchitis and dermatitis.
There is also the potential for any claim to include a psychiatric element for the impact any condition may have on the individual’s mental health.
At BTO, we have a wealth of expertise in cases involving a range of respiratory illnesses in both Sheriff Courts and the Court of Session and the firm has one of the most experienced defender teams in Scotland.
We also have significant experience in advising on and defending group proceedings raised in the Court of Session, including one where there are over 11,000 claims.
Early instruction of solicitors is vital to mitigate the risk of litigation, or group proceedings, and resultant costs. We are well placed to advise on mitigating and managing any potential risk arising out of such claims.
For more information or specific advice in managing potential claims, please contact either Jennifer Stewart or Wendy Thomson.
Jennifer Stewart, Senior Associate: jhs@bto.co.uk / 0141 221 8012
Wendy Thomson, Partner: wjt@bto.co.uk / 0131 222 2939