Pettigrew v. Tilbury Douglas Construction Ltd [2004] ScotCS 226 (07 October 2004)

Pettigrew v. Tilbury Douglas Construction Ltd [2004] ScotCS 226 (07 October 2004)

The third party (pursuer's employer) is not liable to contribute to the defenders' settlement with the pursuer because the pursuer, as the directing mind and will of the company, was solely responsible for the unsafe system of work that caused his own accident. The factual basis for a Monday start and related risk assessment was not proved. The only fault was that of the pursuer himself, and there is no basis for holding the third party liable. The defenders' case for contribution fails on the evidence.

Citation
[2004] ScotCS 226
Parties
Pursuer: William Allan Pettigrew; Defenders: Tilbury Douglas Construction Limited &C; Third Party: Liquidator of the pursuer's employers (third party)
Jurisdiction
Scotland
Judgment Date
07 October 2004
Procedural Posture
Civil Personal Injury/employers' Liability/contribution / Post Settlement Proof on Liability and Contribution Between Defenders and Third Party
Outcome
Third party assoilzied (absolved of liability); defenders' claim for contribution dismissed
Legal Topics
Employers' Liability, Contribution Between Tortfeasors, Contributory Negligence, Occupational Safety, Attribution of Fault to Company Directors, Admissibility of Documentary Evidence
Tort Employment Law Health and Safety Contract Employers' Liability Contribution Between Tortfeasors Contributory Negligence Occupational Safety +2 more

Case Brief

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Parties

William Allan Pettigrew

Pursuer

Tilbury Douglas Construction Limited &C

Defenders

Liquidator of the pursuer's employers (third party)

Third Party

Procedural Posture

Civil Personal Injury/employers' Liability/contribution / Post Settlement Proof on Liability and Contribution Between Defenders and Third Party

Legal Issues

  1. 1 Whether the third party (pursuer's employer) is liable to contribute to damages paid by the defenders to the pursuer for personal injury sustained in a workplace accident
  2. 2 Whether the pursuer's own actions amount to contributory negligence and to what extent
  3. 3 Whether the defenders or third party were at fault for the accident

Ratio Decidendi

The third party (pursuer's employer) is not liable to contribute to the defenders' settlement with the pursuer because the pursuer, as the directing mind and will of the company, was solely responsible for the unsafe system of work that caused his own accident. The factual basis for a Monday start and related risk assessment was not proved. The only fault was that of the pursuer himself, and there is no basis for holding the third party liable. The defenders' case for contribution fails on the evidence.

Court Disposition

Third party assoilzied (absolved of liability); defenders' claim for contribution dismissed

Orders

  • Sustain second, third, and fourth pleas-in-law for the third party
  • Repel defenders' fourth, sixth, and seventh pleas-in-law