Hendrie v. Scottish Ministers [2002] ScotCS 7 (10th January, 2002)

The defenders were negligent in failing to transfer one of the inmates out of the west wing given the known risk of retaliation and the foreseeable risk of injury to prison officers intervening in inmate violence. This failure was causally connected to the pursuer's injury, and a duty of care was owed to him.

Citation: [2002] ScotCS 7
Parties: Pursuer: Gary Hendrie; Defenders: The Scottish Ministers
Jurisdiction: Scotland
Procedural Posture: Civil Personal Injury (damages) / Judgment After Proof (trial)
Outcome: Judgment for the pursuer.
Legal Topics: Employer's Liability, Negligence, Duty of Care, Personal Injury, Prison Officer Safety

Tort Employment Law Prison Law Employer's Liability Negligence Duty of Care Personal Injury Prison Officer Safety

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 3 Authorities cited 6 Party arguments 2 Amounts and remedies 8

Parties

Gary Hendrie

Pursuer

The Scottish Ministers

Defenders

Procedural Posture

Civil Personal Injury (damages) / Judgment After Proof (trial)

Legal Issues

1 Whether the defenders were negligent in failing to separate two inmates, resulting in injury to the pursuer, a prison officer.
2 Whether a duty of care was owed to the pursuer in the circumstances.
3 Whether the injury was causally connected to the alleged negligence.

Ratio Decidendi

Court Disposition

Judgment for the pursuer.

Orders

Decree for payment of £516,519 in damages to the pursuer, including solatium, wage loss, pension loss, and interest.