McLean v Caledonian MacBrayne Ltd [1999] ScotCS 6 (8 January 1999)

McLean v Caledonian MacBrayne Ltd [1999] ScotCS 6 (8 January 1999)

Although the defenders breached statutory duties by failing to provide a gate in the inner railing, the pursuer's accident was not caused by this breach, as the slip occurred after the dangerous stage of climbing was complete; thus, causation was not established and the claim fails.

Citation
[1999] ScotCS 6
Parties
Pursuer: John McLean; Defenders: Caledonian MacBrayne Limited
Jurisdiction
Scotland
Judgment Date
08 January 1999
Procedural Posture
Personal Injury Action / Judgment After Proof (trial) at First Instance
Outcome
Decree of absolvitor granted in favour of the defenders; pursuer's claim dismissed.
Legal Topics
Employer's Liability, Statutory Duties Under Merchant Shipping Regulations, Safe Means of Access, Causation, Assessment of Damages
Personal Injury Employment Law Health and Safety Employer's Liability Statutory Duties Under Merchant Shipping Regulations Safe Means of Access Causation Assessment of Damages

Case Brief

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Parties

John McLean

Pursuer

Caledonian MacBrayne Limited

Defenders

Procedural Posture

Personal Injury Action / Judgment After Proof (trial) at First Instance

Legal Issues

  1. 1 Whether the defenders breached statutory or common law duties to provide safe access to the walkway
  2. 2 Whether the breach caused the pursuer's injury
  3. 3 Assessment of the nature and consequences of the injury

Ratio Decidendi

Although the defenders breached statutory duties by failing to provide a gate in the inner railing, the pursuer's accident was not caused by this breach, as the slip occurred after the dangerous stage of climbing was complete; thus, causation was not established and the claim fails.

Court Disposition

Decree of absolvitor granted in favour of the defenders; pursuer's claim dismissed.

Orders

  • Sustain defenders' third plea-in-law
  • Repel pursuer's third plea-in-law