MacEchern v The Scottish Ministers [2011] ScotCS CSOH_135 (16 August 2011)

MacEchern v The Scottish Ministers [2011] ScotCS CSOH_135 (16 August 2011)

The pursuer's pleadings disclose a relevant case under both common law and statutory duties, and the issues raised by the defenders regarding definitions and applicability of statutory regimes are matters for proof and cannot be determined at this stage. The action cannot be dismissed as irrelevant.

Citation
[2011] ScotCS CSOH_135
Parties
Pursuer: Iain Charles MacEchern; Defenders: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
16 August 2011
Procedural Posture
Personal Injuries Action / Procedure Roll Hearing on Motion to Dismiss
Outcome
Proof before answer allowed; action not dismissed.
Legal Topics
Employer's Duty of Care, Risk Assessment, Statutory Duties, Lyme Disease, Workplace Safety, Protective Equipment
Employment Law Health and Safety Law Personal Injury Employer's Duty of Care Risk Assessment Statutory Duties Lyme Disease Workplace Safety +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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Iain Charles MacEchern

Pursuer

Scottish Ministers

Defenders

Procedural Posture

Personal Injuries Action / Procedure Roll Hearing on Motion to Dismiss

Legal Issues

  1. 1 Whether the pursuer's pleadings disclose a relevant case under common law and statutory duties for personal injury caused by Lyme Disease contracted at work
  2. 2 Whether the statutory regimes cited apply to the facts, including the definition of 'workplace' and 'substance hazardous to health'
  3. 3 Adequacy of risk assessment and protective measures by employer

Ratio Decidendi

The pursuer's pleadings disclose a relevant case under both common law and statutory duties, and the issues raised by the defenders regarding definitions and applicability of statutory regimes are matters for proof and cannot be determined at this stage. The action cannot be dismissed as irrelevant.

Court Disposition

Proof before answer allowed; action not dismissed.

Orders

  • Proof before answer granted
  • All questions of expenses reserved