Toms & Anor v. Royal Mail Group Plc [2006] ScotCS CSOH_32 (24 February 2006)

Toms & Anor v. Royal Mail Group Plc [2006] ScotCS CSOH_32 (24 February 2006)

There was no contract of employment between the deceased and the defenders due to lack of mutuality of obligation; the defenders had no knowledge of the deceased's day job; and even if there had been employment and knowledge, no duty of care was owed at common law to protect the deceased from the consequences of his own actions. The pursuers' claim therefore fails.

Citation
[2006] ScotCS CSOH_32
Parties
Pursuers: Kyle Charles Toms and another (assisted persons); Defenders: Royal Mail Group Plc
Jurisdiction
Scotland
Judgment Date
24 February 2006
Procedural Posture
Civil Personal Injury (employer's Liability) / Judgment After Proof (trial) in Outer House, Court of Session
Outcome
Claim dismissed; defenders assoilzied (absolved) from conclusions of the summons.
Legal Topics
Employment Status of Agency Workers, Vicarious Liability, Duty of Care, Contributory Negligence, Volenti Non Fit Injuria, Ex Turpi Causa Non Oritur Actio
Employment Law Tort/delict Agency Law Employment Status of Agency Workers Vicarious Liability Duty of Care Contributory Negligence Volenti Non Fit Injuria +1 more

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Parties

Kyle Charles Toms and another (assisted persons)

Pursuers

Royal Mail Group Plc

Defenders

Procedural Posture

Civil Personal Injury (employer's Liability) / Judgment After Proof (trial) in Outer House, Court of Session

Legal Issues

  1. 1 Whether the deceased was employed by the defenders or was an agency worker
  2. 2 Whether the defenders knew the deceased was working a day job in addition to night shifts
  3. 3 Whether the defenders owed a duty of care to the deceased

Ratio Decidendi

There was no contract of employment between the deceased and the defenders due to lack of mutuality of obligation; the defenders had no knowledge of the deceased's day job; and even if there had been employment and knowledge, no duty of care was owed at common law to protect the deceased from the consequences of his own actions. The pursuers' claim therefore fails.

Court Disposition

Claim dismissed; defenders assoilzied (absolved) from conclusions of the summons.

Orders

  • Defenders assoilzied from conclusions of the summons.