TRACEY KENNEDY AGAINST CORDIA (SERVICES) LLP [2014] ScotCS CSIH_76 (19 September 2014)

TRACEY KENNEDY AGAINST CORDIA (SERVICES) LLP [2014] ScotCS CSIH_76 (19 September 2014)

The risk of slipping on snow and ice was not a work-created risk but an ordinary risk faced by the public; the employer's risk assessment and training satisfied statutory requirements; the regulations did not impose a duty to provide footwear attachments; expert evidence relied upon was inadmissible; no breach of statutory or common law duty was established; no causal connection between alleged breach and injury was proven.

Citation
[2014] ScotCS CSIH_76
Parties
Pursuer and Respondent: Tracey Kennedy; Defenders and Reclaimers: Cordia (Services) LLP
Jurisdiction
Scotland
Judgment Date
19 September 2014
Procedural Posture
Reclaiming Motion (appeal) / Court of Session, Inner House, Extra Division, Final Judgment
Outcome
Reclaiming motion allowed; interlocutor of Lord Ordinary recalled; decree of absolvitor granted; all questions of expenses reserved.
Legal Topics
Employer's Liability, Personal Protective Equipment, Risk Assessment, Expert Evidence Admissibility, Common Law Negligence
Employment Law Health and Safety Law Personal Injury Employer's Liability Personal Protective Equipment Risk Assessment Expert Evidence Admissibility Common Law Negligence

Case Brief

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Parties

Tracey Kennedy

Pursuer and Respondent

Cordia (Services) LLP

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) / Court of Session, Inner House, Extra Division, Final Judgment

Legal Issues

  1. 1 Whether the employer breached statutory or common law duties by failing to provide footwear attachments to prevent slipping on snow and ice
  2. 2 Whether the risk of slipping was a 'risk at work' under the relevant regulations
  3. 3 Admissibility of expert evidence on breach and incidence of duty

Ratio Decidendi

The risk of slipping on snow and ice was not a work-created risk but an ordinary risk faced by the public; the employer's risk assessment and training satisfied statutory requirements; the regulations did not impose a duty to provide footwear attachments; expert evidence relied upon was inadmissible; no breach of statutory or common law duty was established; no causal connection between alleged breach and injury was proven.

Court Disposition

Reclaiming motion allowed; interlocutor of Lord Ordinary recalled; decree of absolvitor granted; all questions of expenses reserved.

Orders

  • Recall interlocutor of Lord Ordinary
  • Grant decree of absolvitor