Harrison v. West Of Scotland Kart Club & Ors [2004] ScotCS 80 (30 March 2004)

Harrison v. West Of Scotland Kart Club & Ors [2004] ScotCS 80 (30 March 2004)

A member of an unincorporated club cannot sue the club in delict for personal injury as all members are principals and there is no vicarious liability between members; the Occupiers' Liability (Scotland) Act 1960 does not create such liability. The question of whether the licensing authority owed a duty of care to the pursuer outside race events cannot be determined without hearing evidence; proof before answer is appropriate.

Citation
[2004] ScotCS 80
Parties
Pursuer and Reclaimer: Kenneth Harrison; First Defenders and Respondents: West of Scotland Kart Club and Others; Second Defenders and Respondents and Cross Appellants: Royal Automobile Club Motor Sport Association Limited
Jurisdiction
Scotland
Judgment Date
30 March 2004
Procedural Posture
Reclaiming Motion (appeal) / Interlocutory Appeal on Dismissal and Allowance of Proof Before Answer
Outcome
Reclaiming motion refused; cross-appeal refused; interlocutor of Lord Ordinary adhered to.
Legal Topics
Duty of Care, Vicarious Liability, Unincorporated Associations, Occupiers' Liability (scotland) Act 1960, Proximity, Fairness, Justice and Reasonableness, Personal Liability of Club Members
Delict (tort) Occupiers' Liability Club Law Duty of Care Vicarious Liability Unincorporated Associations Occupiers' Liability (scotland) Act 1960 Proximity +2 more

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Parties

Kenneth Harrison

Pursuer and Reclaimer

West of Scotland Kart Club and Others

First Defenders and Respondents

Royal Automobile Club Motor Sport Association Limited

Second Defenders and Respondents and Cross Appellants

Procedural Posture

Reclaiming Motion (appeal) / Interlocutory Appeal on Dismissal and Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether an unincorporated club can be sued in delict by one of its own members for personal injury
  2. 2 Whether the governing body (licensing authority) owed a duty of care to the pursuer outside race events
  3. 3 Whether the committee or office bearers of a club owe a duty of care to members as individuals

Ratio Decidendi

A member of an unincorporated club cannot sue the club in delict for personal injury as all members are principals and there is no vicarious liability between members; the Occupiers' Liability (Scotland) Act 1960 does not create such liability. The question of whether the licensing authority owed a duty of care to the pursuer outside race events cannot be determined without hearing evidence; proof before answer is appropriate.

Court Disposition

Reclaiming motion refused; cross-appeal refused; interlocutor of Lord Ordinary adhered to.

Orders

  • Dismissal of action against the club affirmed.
  • Proof before answer allowed against the five named individuals and the licensing authority (second defenders).