Slessor v. Vetco Gray UK Ltd &C [2006] ScotCS CSOH_104 (07 July 2006)

Slessor v. Vetco Gray UK Ltd &C [2006] ScotCS CSOH_104 (07 July 2006)

Clause B13 only provides indemnity for injury or death to the personnel of the other parties, not to the personnel of the party granting the indemnity. Therefore, the third party cannot rely on clause B13 for an indemnity in respect of injury to the pursuer, who was employed by the defenders.

Citation
[2006] ScotCS CSOH_104
Parties
Pursuer: Gavin Slessor; Defenders: Vetco Gray UK Limited &C; Third Party: Unknown (Third Party)
Jurisdiction
Scotland
Judgment Date
07 July 2006
Procedural Posture
Preliminary Proof on Construction of Indemnity Clause / Interlocutory (preliminary Proof)
Outcome
Third party's reliance on clause B13 excluded from probation.
Legal Topics
Indemnity Clauses, Interpretation of Contracts, Mutual Indemnity, Knock for Knock Agreements
Contract Law Commercial Law Indemnity Clauses Interpretation of Contracts Mutual Indemnity Knock for Knock Agreements

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Parties

Gavin Slessor

Pursuer

Vetco Gray UK Limited &C

Defenders

Unknown (Third Party)

Third Party

Procedural Posture

Preliminary Proof on Construction of Indemnity Clause / Interlocutory (preliminary Proof)

Legal Issues

  1. 1 Whether clause B13 of the Consortium Agreement provides an indemnity to the third party in respect of injury to the pursuer, an employee of the defenders
  2. 2 Whether clause B13 is too uncertain to be enforceable

Ratio Decidendi

Clause B13 only provides indemnity for injury or death to the personnel of the other parties, not to the personnel of the party granting the indemnity. Therefore, the third party cannot rely on clause B13 for an indemnity in respect of injury to the pursuer, who was employed by the defenders.

Court Disposition

Third party's reliance on clause B13 excluded from probation.

Orders

  • Exclusion from probation of the third party's averments at page 12D to 13A of the Record relying on clause B13.