McGlinchey v General Motors UK Ltd [2011] ScotCS CSOH_206 (29 November 2011)

McGlinchey v General Motors UK Ltd [2011] ScotCS CSOH_206 (29 November 2011)

The pursuer failed to prove on the balance of probabilities that a defect in the handbrake mechanism caused the accident, and failed to establish that any such defect existed at the time the vehicle left the manufacturer's control. Accordingly, liability was not established under either the Consumer Protection Act 1987 or at common law.

Citation
[2011] ScotCS CSOH_206
Parties
Pursuer: Lesley Anne McGlinchey; Defender: General Motors UK Limited
Jurisdiction
Scotland
Judgment Date
29 November 2011
Procedural Posture
Personal Injury/damages Claim / Judgment After Proof (trial)
Outcome
Defenders assoilzied (absolved) from the conclusions of the summons; pursuer's claim dismissed.
Legal Topics
Defective Products, Causation, Consumer Protection Act 1987, Common Law Negligence, Contributory Negligence
Product Liability Tort Consumer Protection Defective Products Causation Consumer Protection Act 1987 Common Law Negligence Contributory Negligence

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Parties

Lesley Anne McGlinchey

Pursuer

General Motors UK Limited

Defender

Procedural Posture

Personal Injury/damages Claim / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the handbrake mechanism of the pursuer's car was defective under Section 2 of the Consumer Protection Act 1987 and/or at common law
  2. 2 Whether any such defect caused the accident and resulting injury
  3. 3 Whether the defect existed at the time the vehicle left the manufacturer's control

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that a defect in the handbrake mechanism caused the accident, and failed to establish that any such defect existed at the time the vehicle left the manufacturer's control. Accordingly, liability was not established under either the Consumer Protection Act 1987 or at common law.

Court Disposition

Defenders assoilzied (absolved) from the conclusions of the summons; pursuer's claim dismissed.

Orders

  • Defenders assoilzied from the conclusions of the summons.