Aldi wins costs in dispute over dangerous building notice

The case centred on the former Glebe Sugar Refinery, where falling masonry forced part of Aldi’s car park to be cordoned off in late 2024. Despite repeated warnings from the retailer, the council took almost a year to issue a formal “dangerous building notice” to the property’s owners.

Aldi launched court proceedings earlier this year to compel action, but dropped the case once the notice was finally served in September. The company argued it should not be left out of pocket, as the council’s slow response had forced it to go to court.

Lord Braid, sitting in the Court of Session, agreed. He said the council had “dragged its heels” and failed to meet its statutory duty, noting periods of inactivity and inaccurate information given to Aldi’s solicitors. He concluded the dispute could have been avoided if the council had acted sooner.

Although the petition itself was dismissed, the judge ruled Aldi was entitled to recover its expenses from Inverclyde Council.

A full case report has been published by SCN’s sister publication, Scottish Legal News.