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DUNDEE WINS DAMP CASE

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A woman who took Dundee City Council to court to try and get the authority to rid her home of dampness has lost her...
A woman who took Dundee City Council to court to try and get the authority to rid her home of dampness has lost her case, reports The Herald (p11).

Alison Anderson told the court she had asked the council to carry out work on her home because her youngest daughter suffered colds and chest infections as a result of the damp.

But sheriff Alastair Stewart yesterdau issued a judgment ruling that the dampness was not severe enough to order the council to take action. He said Ms Anderson had failed to prove her flat was in such a state that it posed a health risk.

He ruled that any dampness came from the fact that she could not afford to heat it properly and that was not the council's responsibility.

He said: 'The pursuer's discomfort is caused by the fact that the flat is inadequately heated. This is primarily because the pursuer cannot afford to provide more heating. It is not becuase of anything done or omitted by the defenders.

'While poverty is a misfortune for which the pursuer should not be blamed, that is the true cause of the condition in which she is living. It might be said that the defenders merely provided the background. In my opinion they are not in any legal sense the 'person responsible'.'

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