McLean v. University St Andrews [2004] ScotCS 45 (25 February 2004)

McLean v. University St Andrews [2004] ScotCS 45 (25 February 2004)

The University's admitted duty of care did not extend to criminal acts by third parties in public areas outside its control, even if the area was known to be dangerous. The pursuer voluntarily went to the location at the relevant time, and the facts as averred, even if proved, would not entitle her to damages from the University.

Citation
[2004] ScotCS 45
Parties
Pursuer: Erin Leigh McLean; Defender: The University of St Andrews
Jurisdiction
Scotland
Judgment Date
25 February 2004
Procedural Posture
Personal Injury/delictual Liability / Procedure Roll Debate on Defenders' Motion for Dismissal
Outcome
Action dismissed
Legal Topics
Duty of Care, University Liability, Foreseeability of Harm, Third Party Criminal Acts, Off Campus Assignments
Delict Personal Injury Education Law Duty of Care University Liability Foreseeability of Harm Third Party Criminal Acts Off Campus Assignments

Case Brief

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Parties

Erin Leigh McLean

Pursuer

The University of St Andrews

Defender

Procedural Posture

Personal Injury/delictual Liability / Procedure Roll Debate on Defenders' Motion for Dismissal

Legal Issues

  1. 1 Whether the University owed a duty of care to the pursuer for injuries sustained off-campus and outside its control
  2. 2 Whether the University's duty of care extended to criminal acts by third parties in public areas not under its control
  3. 3 Whether the factual averments, if proved, would entitle the pursuer to damages

Ratio Decidendi

The University's admitted duty of care did not extend to criminal acts by third parties in public areas outside its control, even if the area was known to be dangerous. The pursuer voluntarily went to the location at the relevant time, and the facts as averred, even if proved, would not entitle her to damages from the University.

Court Disposition

Action dismissed

Orders

  • Decree of dismissal granted in favour of the defenders
  • Case to be put out By Order for determination of expenses