Judge rules elderly woman’s water damage claim was ‘flawed’
An elderly woman who blamed the council and Scottish Water for causing damage to her Scalloway home because of overflowing drains has lost a Court of Session appeal.
Patricia Anderson, 92, feared her house at Sea Chest in East Voe, which rests at the bottom of a steep hill, had been badly damaged by water following the construction of new houses in the area.
She took her case to a judicial review at the Court of Session after a small claims case at Lerwick Sheriff Court ruled there was excessive drainage water at her house which could have been avoided had proper drainage been installed.
However her case was dismissed in 2008. An appeal was subsequently lodged, but this week Lord Hardie – who made the ruling – said her argument was “flawed”.
He said an increase in the flow of water since the drain passing above her home was originally built could have been attributed to increased rainfall or run-off from roofs or hard standing from nearby houses.
Mrs Anderson moved into the house over 30 years ago with her late husband, William. The family could not be contacted by The Shetland Times on Thursday.