Kelly v First Engineering Ltd [1999] ScotCS 128 (27 May 1999)

The bolt in question qualifies as 'apparatus' and thus 'work equipment' under the 1992 Regulations. The pursuer's statutory case is relevant and suitable for jury trial. Wage loss averments are sufficiently clear for jury consideration. The services claim is deleted by amendment.

Citation: [1999] ScotCS 128
Parties: Pursuer: Michael Kelly; Defender: First Engineering Limited
Jurisdiction: Scotland
Judgment Date: 27 May 1999
Procedural Posture: Personal Injury Action / Procedure Roll Hearing
Outcome: First plea-in-law for defenders repelled; first and second pleas-in-law for pursuer repelled by consent; issues allowed.
Legal Topics: Employer's Liability, Statutory Interpretation, Provision and Use of Work Equipment Regulations 1992, Wage Loss, Services Claim

Employment Law Health and Safety Personal Injury Employer's Liability Statutory Interpretation Provision and Use of Work Equipment Regulations 1992 Wage Loss Services Claim

Case Brief

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Parties

Michael Kelly

Pursuer

First Engineering Limited

Defender

Procedural Posture

Personal Injury Action / Procedure Roll Hearing

Legal Issues

1 Whether the bolt was 'work equipment' under the Provision and Use of Work Equipment Regulations 1992
2 Adequacy of averments regarding wage loss and services claim
3 Suitability for jury trial

Ratio Decidendi

Court Disposition

First plea-in-law for defenders repelled; first and second pleas-in-law for pursuer repelled by consent; issues allowed.

Orders

Statutory case under Provision and Use of Work Equipment Regulations 1992 allowed to proceed to jury trial.
Services claim deleted from the case.