Valentine & Anor v. The Ministry Of Defence, 18 March 2010, Lord Bonomy [2010] ScotCS CSOH_40 (18 March 2010)

Valentine & Anor v. The Ministry Of Defence, 18 March 2010, Lord Bonomy [2010] ScotCS CSOH_40 (18 March 2010)

The Ministry of Defence breached its common law duty of care by failing to carry out an adequate risk assessment and to institute a safe system of work, including the provision of barriers or adequate instructions to prevent falling into the trench. This breach caused Sapper Thomson's death. The deceased was contributorily negligent to the extent of 20%.

Citation
[2010] ScotCS CSOH_40
Parties
Pursuer: Margaret Valentine and another; Defender: The Ministry of Defence
Jurisdiction
Scotland
Judgment Date
18 March 2010
Procedural Posture
Civil Damages for Negligence (workplace Accident) / Judgment After Proof (trial)
Outcome
Judgment for pursuers with reduction for contributory negligence
Legal Topics
Employer's Duty of Care, Workplace Safety, Risk Assessment, Contributory Negligence, Application of UK Health and Safety Standards Abroad
Tort Employment Law Health and Safety Employer's Duty of Care Workplace Safety Risk Assessment Contributory Negligence Application of UK Health and Safety Standards Abroad

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Parties

Margaret Valentine and another

Pursuer

The Ministry of Defence

Defender

Procedural Posture

Civil Damages for Negligence (workplace Accident) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the Ministry of Defence breached its common law duty of care to Sapper Thomson by failing to provide a safe place and system of work
  2. 2 Whether UK health and safety standards are relevant to the standard of care in Iraq
  3. 3 Whether Sapper Thomson was contributorily negligent

Ratio Decidendi

The Ministry of Defence breached its common law duty of care by failing to carry out an adequate risk assessment and to institute a safe system of work, including the provision of barriers or adequate instructions to prevent falling into the trench. This breach caused Sapper Thomson's death. The deceased was contributorily negligent to the extent of 20%.

Court Disposition

Judgment for pursuers with reduction for contributory negligence

Orders

  • Defenders liable to pursuers for 80% of agreed damages: £40,800 for the first conclusion, £1,200 for each of the second and third conclusions.