Young v Scottish Coal (Deep Mining) Company [2001] ScotCS 174 (3 July 2001)

Young v Scottish Coal (Deep Mining) Company [2001] ScotCS 174 (3 July 2001)

The accident was caused by the defenders' negligence and breach of statutory duty in failing to provide a safe walkway. The use of a high-pressure hose foreseeably created a dangerous condition. The pursuer is entitled to damages for injury and loss, but not provisional damages as the risk of deterioration is not solely attributable to the mining accident and thresholds for further damages are not sufficiently clear-cut.

Citation
[2001] ScotCS 174
Parties
Pursuer: Edwin Young; Defenders: Scottish Coal (Deep Mining) Company Limited
Jurisdiction
Scotland
Judgment Date
03 July 2001
Procedural Posture
Personal Injury Damages Action / Judgment After Proof
Outcome
Judgment for pursuer; damages awarded
Legal Topics
Employer's Liability, Negligence, Breach of Statutory Duty, Damages Assessment, Mines (safety of Exit) Regulations 1988, Provisional Damages, Osteo Arthritis, Loss of Earnings, Pension Loss
Tort Employment Health and Safety Employer's Liability Negligence Breach of Statutory Duty Damages Assessment Mines (safety of Exit) Regulations 1988 +4 more

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Parties

Edwin Young

Pursuer

Scottish Coal (Deep Mining) Company Limited

Defenders

Procedural Posture

Personal Injury Damages Action / Judgment After Proof

Legal Issues

  1. 1 Was the accident caused by the defenders' negligence and breach of statutory duty?
  2. 2 Is the pursuer entitled to damages for injury and loss?
  3. 3 Should provisional damages be awarded under section 12 of the Administration of Justice Act 1982?

Ratio Decidendi

The accident was caused by the defenders' negligence and breach of statutory duty in failing to provide a safe walkway. The use of a high-pressure hose foreseeably created a dangerous condition. The pursuer is entitled to damages for injury and loss, but not provisional damages as the risk of deterioration is not solely attributable to the mining accident and thresholds for further damages are not sufficiently clear-cut.

Court Disposition

Judgment for pursuer; damages awarded

Orders

  • First plea in law for pursuer sustained
  • First, second, and third pleas in law for defenders repelled