Harrison v West Of Scotland Kart Club & Ors [2000] ScotCS 284 (14 November 2000)

Harrison v West Of Scotland Kart Club & Ors [2000] ScotCS 284 (14 November 2000)

The law of Scotland, in line with English authority, does not permit a member of an unincorporated association to sue the association or its office bearers in delict for acts done in their capacity as members or office bearers, as this would be equivalent to suing oneself. No vicarious liability arises absent special circumstances or contractual provisions. Personal liability may arise only if a specific duty is undertaken and breached with actual knowledge of danger. The pursuer's pleadings against the club and office bearers are irrelevant and must be dismissed.

Citation
[2000] ScotCS 284
Parties
Pursuer: Kenneth Harrison; First Defender: West of Scotland Kart Club; First Defender (office Bearer): Alfred Murie; First Defender (office Bearer): Chris Baillie; First Defender (office Bearer): Bill McDonald; First Defender (office Bearer): Roseabel Carter; First Defender (office Bearer): Ina Nelson; Second Defender: Royal Automobile Club Motor Sport Association Limited
Jurisdiction
Scotland
Judgment Date
14 November 2000
Procedural Posture
Personal Injury/delict (civil) / Debate on Relevancy (pre Proof)
Outcome
Action against the first defenders (club and office bearers) dismissed as irrelevant; no proof allowed against them.
Legal Topics
Liability of Unincorporated Associations, Duty of Care Between Club Members, Occupiers Liability (scotland) Act 1960, Vicarious Liability, Personal Liability of Office Bearers
Delict Personal Injury Club Law Occupiers' Liability Liability of Unincorporated Associations Duty of Care Between Club Members Occupiers Liability (scotland) Act 1960 Vicarious Liability +1 more

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Parties

Kenneth Harrison

Pursuer

West of Scotland Kart Club

First Defender

Alfred Murie

First Defender (office Bearer)

Chris Baillie

First Defender (office Bearer)

Bill McDonald

First Defender (office Bearer)

Roseabel Carter

First Defender (office Bearer)

Ina Nelson

First Defender (office Bearer)

Royal Automobile Club Motor Sport Association Limited

Second Defender

Procedural Posture

Personal Injury/delict (civil) / Debate on Relevancy (pre Proof)

Legal Issues

  1. 1 Can a member of an unincorporated club sue the club or its office bearers for personal injury allegedly caused by negligence?
  2. 2 Does the law of Scotland recognise personal or vicarious liability of club office bearers to members?
  3. 3 Are there exceptions to the general rule that a member cannot sue the club?

Ratio Decidendi

The law of Scotland, in line with English authority, does not permit a member of an unincorporated association to sue the association or its office bearers in delict for acts done in their capacity as members or office bearers, as this would be equivalent to suing oneself. No vicarious liability arises absent special circumstances or contractual provisions. Personal liability may arise only if a specific duty is undertaken and breached with actual knowledge of danger. The pursuer's pleadings against the club and office bearers are irrelevant and must be dismissed.

Court Disposition

Action against the first defenders (club and office bearers) dismissed as irrelevant; no proof allowed against them.

Orders

  • Dismissal of action against West of Scotland Kart Club and named office bearers.