Reavis v Clan Line Steamers (No.1) [1925] ScotCS CSIH_5 (17 June 1925)

Reavis v Clan Line Steamers (No.1) [1925] ScotCS CSIH_5 (17 June 1925)

Scots law does not recognise a right of action by an employer for loss of services of an employee against a third party who negligently causes the death or incapacity of the employee; damages for such loss are too remote and not recoverable. The pursuer is limited to damages for her own personal injuries and loss of property, not for loss of profits or destruction of the orchestra as a business asset due to the loss of its members.

Citation
[1925] ScotCS CSIH_5
Parties
Pursuer: Mrs Reavis; Defender: Clan Line Steamers; Defender: Laird Line
Jurisdiction
Scotland
Judgment Date
17 June 1925
Procedural Posture
Delict (tort) / Interlocutory Appeal on Relevancy and Competency of Claim
Outcome
Claim for damages for loss of services, profits, and destruction of orchestra dismissed; proof allowed only for personal injury and loss of property.
Legal Topics
Damages for Loss of Services, Employer's Right to Sue for Loss of Employee Services, Remoteness of Damage, Competency of Reclaiming Note, Personal Injury, Loss of Property, Master and Servant Relationship
Delict Tort Law Maritime Law Procedural Law Damages for Loss of Services Employer's Right to Sue for Loss of Employee Services Remoteness of Damage Competency of Reclaiming Note +3 more

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Parties

Mrs Reavis

Pursuer

Clan Line Steamers

Defender

Laird Line

Defender

Procedural Posture

Delict (tort) / Interlocutory Appeal on Relevancy and Competency of Claim

Legal Issues

  1. 1 Whether Scots law recognises a right of action by an employer for loss of services of an employee against a third party who negligently causes the death or incapacity of the employee
  2. 2 Whether the pursuer can recover damages for loss of profits and destruction of a profit-yielding asset (the orchestra) due to the death or incapacity of its members
  3. 3 Whether the reclaiming note against the Lord Ordinary's interlocutor is competent

Ratio Decidendi

Scots law does not recognise a right of action by an employer for loss of services of an employee against a third party who negligently causes the death or incapacity of the employee; damages for such loss are too remote and not recoverable. The pursuer is limited to damages for her own personal injuries and loss of property, not for loss of profits or destruction of the orchestra as a business asset due to the loss of its members.

Court Disposition

Claim for damages for loss of services, profits, and destruction of orchestra dismissed; proof allowed only for personal injury and loss of property.

Orders

  • Sustain the defenders' pleas to relevancy regarding damages claimed for loss of services and profits (cond. 4)
  • Allow proof quoad ultra (for other heads of damage)