Wilson v (First) North Star Shipping (Aberdeen) Ltd & Anor [2014] ScotCS CSOH_156 (29 October 2014)

Wilson v (First) North Star Shipping (Aberdeen) Ltd & Anor [2014] ScotCS CSOH_156 (29 October 2014)

Both defenders breached statutory duties under the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 by failing to properly risk assess the transfer operation and failing to avoid foreseeable risks. The pursuer contributed to the accident by moving into a pinch point, but the defenders' failures were the primary cause. Liability is apportioned with a deduction for contributory negligence.

Citation
[2014] ScotCS CSOH_156
Parties
Pursuer: Paul Wilson; First Defender: North Star Shipping (Aberdeen) Limited; Second Defender: North Star (Cyprus) Limited
Jurisdiction
Scotland
Judgment Date
29 October 2014
Procedural Posture
Personal Injury/reparation / Judgment After Proof
Outcome
Liability established against both defenders with contributory negligence
Legal Topics
Employer's Liability, Risk Assessment, Contributory Negligence, Strict Liability, Merchant Shipping and Fishing Vessels (health and Safety at Work) Regulations 1997
Employment Law Health and Safety Law Maritime Law Personal Injury Employer's Liability Risk Assessment Contributory Negligence Strict Liability +1 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 6 Authorities cited 15 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Paul Wilson

Pursuer

North Star Shipping (Aberdeen) Limited

First Defender

North Star (Cyprus) Limited

Second Defender

Procedural Posture

Personal Injury/reparation / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders breached statutory duties under the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997
  2. 2 Whether the defenders breached common law duty to provide a safe system of work
  3. 3 Extent of contributory negligence by the pursuer

Ratio Decidendi

Both defenders breached statutory duties under the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 by failing to properly risk assess the transfer operation and failing to avoid foreseeable risks. The pursuer contributed to the accident by moving into a pinch point, but the defenders' failures were the primary cause. Liability is apportioned with a deduction for contributory negligence.

Court Disposition

Liability established against both defenders with contributory negligence

Orders

  • Decree in favour of pursuer for £126,396.22 with interest at 8% from date of decree
  • Deduction of 25% for contributory negligence