Cairns v Northern Light House and Calypso Marine [2013] ScotCS CSOH_22 (07 February 2013)

Cairns v Northern Light House and Calypso Marine [2013] ScotCS CSOH_22 (07 February 2013)

The 1997 Regulations impose a strict statutory duty on both the employer and the operator of the vessel to ensure the health and safety of workers, subject only to reasonable practicability. The pursuer was a worker on the vessel in the course of her employment. The safety briefing was inadequate and the vessel was not handled with sufficient care in the prevailing sea conditions, resulting in foreseeable injury. No defence of reasonable practicability was advanced or supported by evidence. Civil liability attaches to both defenders for breach of statutory duty.

Citation
[2013] ScotCS CSOH_22
Parties
Pursuer: Rosemary Cairns; First Defender: Northern Lighthouse Board; Second Defender: Calypso Marine Ltd
Jurisdiction
Scotland
Judgment Date
07 February 2013
Procedural Posture
Personal Injury Action / Outer House, Court of Session, Opinion
Outcome
Liability established against both defenders for breach of statutory duty under the 1997 Regulations.
Legal Topics
Employer's Liability, Strict Liability, Statutory Duty, Civil Liability Under Health and Safety Regulations, Adequacy of Safety Briefing, Reasonable Practicability, Interpretation of EU Derived Regulations
Health and Safety Law Employment Law Maritime Law Personal Injury Employer's Liability Strict Liability Statutory Duty Civil Liability Under Health and Safety Regulations +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Rosemary Cairns

Pursuer

Northern Lighthouse Board

First Defender

Calypso Marine Ltd

Second Defender

Procedural Posture

Personal Injury Action / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Does regulation 5 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 impose civil liability for personal injury?
  2. 2 Were the defenders in breach of their statutory duty to ensure the health and safety of the pursuer?
  3. 3 Was the safety briefing and handling of the vessel adequate in the circumstances?

Ratio Decidendi

The 1997 Regulations impose a strict statutory duty on both the employer and the operator of the vessel to ensure the health and safety of workers, subject only to reasonable practicability. The pursuer was a worker on the vessel in the course of her employment. The safety briefing was inadequate and the vessel was not handled with sufficient care in the prevailing sea conditions, resulting in foreseeable injury. No defence of reasonable practicability was advanced or supported by evidence. Civil liability attaches to both defenders for breach of statutory duty.

Court Disposition

Liability established against both defenders for breach of statutory duty under the 1997 Regulations.

Orders

  • Decree for payment of damages to the pursuer by both defenders, quantum to be determined.