Campbell v Peter Gordon Joiners Ltd & Ors [2013] ScotCS CSOH_181 (26 November 2013)

Campbell v Peter Gordon Joiners Ltd & Ors [2013] ScotCS CSOH_181 (26 November 2013)

Section 5 of the Employers Liability (Compulsory Insurance) Act 1969 imposes a qualified statutory duty on directors who consent to or facilitate the employer's failure to insure, and breach of this duty is civilly actionable by employees in Scotland; the pursuer's common law case is irrelevant as no personal duty is owed by the director to employees outside the statute.

Citation
[2013] ScotCS CSOH_181
Parties
Pursuer: William Campbell; First Defender: Peter Gordon Joiners Limited; First Defender: Derek Forsyth (liquidator of Peter Gordon Joiners Limited); Second Defender: Peter Gordon
Jurisdiction
Scotland
Judgment Date
26 November 2013
Procedural Posture
Personal Injury / Breach of Statutory Duty / Procedure Roll Discussion; Interlocutory Decision
Outcome
Pursuer's statutory case allowed to proceed to proof; common law case held irrelevant.
Legal Topics
Employers' Liability Insurance, Director's Civil Liability, Statutory Duty, Common Law Duty, Economic Loss
Employment Law Company Law Insurance Law Personal Injury Employers' Liability Insurance Director's Civil Liability Statutory Duty Common Law Duty +1 more

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Parties

William Campbell

Pursuer

Peter Gordon Joiners Limited

First Defender

Derek Forsyth (liquidator of Peter Gordon Joiners Limited)

First Defender

Peter Gordon

Second Defender

Procedural Posture

Personal Injury / Breach of Statutory Duty / Procedure Roll Discussion; Interlocutory Decision

Legal Issues

  1. 1 Does section 5 of the Employers Liability (Compulsory Insurance) Act 1969 give rise to civil liability for directors?
  2. 2 Is there a common law duty on directors to ensure adequate insurance for employees?
  3. 3 Does breach of statutory duty under the Act confer a right of action for damages on employees?

Ratio Decidendi

Section 5 of the Employers Liability (Compulsory Insurance) Act 1969 imposes a qualified statutory duty on directors who consent to or facilitate the employer's failure to insure, and breach of this duty is civilly actionable by employees in Scotland; the pursuer's common law case is irrelevant as no personal duty is owed by the director to employees outside the statute.

Court Disposition

Pursuer's statutory case allowed to proceed to proof; common law case held irrelevant.

Orders

  • Case put out by order to consider deletion of averments relevant only to common law case.
  • All questions of expenses reserved.