Easson v Dundee Teaching Hospitals National Health Service Trust [1999] ScotCS 289 (3 December 1999)

Easson v Dundee Teaching Hospitals National Health Service Trust [1999] ScotCS 289 (3 December 1999)

The pursuer's pleadings, taken as a whole, provide sufficient specification to give fair notice to the defenders of the case being made under regulation 4(1) of the Manual Handling Operations Regulations 1992, both as to the nature of the manual handling operation and the circumstances giving rise to a risk of injury. The case should proceed to proof before answer.

Citation
[1999] ScotCS 289
Parties
Pursuer: Isabella Hay Easson; Defender: Dundee Teaching Hospitals National Health Service Trust
Jurisdiction
Scotland
Judgment Date
03 December 1999
Procedural Posture
Personal Injury Damages Action (manual Handling at Work) / Procedure Roll Hearing on Relevancy and Specification of Pleadings
Outcome
Proof before answer allowed; defenders' plea-in-law not sustained; case to proceed to evidence.
Legal Topics
Manual Handling Operations Regulations 1992, Pleadings—specification and Relevancy, Employer's Liability
Personal Injury Employment Law Health and Safety Manual Handling Operations Regulations 1992 Pleadings—specification and Relevancy Employer's Liability

Case Brief

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Parties

Isabella Hay Easson

Pursuer

Dundee Teaching Hospitals National Health Service Trust

Defender

Procedural Posture

Personal Injury Damages Action (manual Handling at Work) / Procedure Roll Hearing on Relevancy and Specification of Pleadings

Legal Issues

  1. 1 Whether the pursuer's pleadings adequately specify a relevant case under regulation 4(1) of the Manual Handling Operations Regulations 1992
  2. 2 Whether the pursuer has sufficiently averred that the activity was a manual handling operation involving a risk of injury

Ratio Decidendi

The pursuer's pleadings, taken as a whole, provide sufficient specification to give fair notice to the defenders of the case being made under regulation 4(1) of the Manual Handling Operations Regulations 1992, both as to the nature of the manual handling operation and the circumstances giving rise to a risk of injury. The case should proceed to proof before answer.

Court Disposition

Proof before answer allowed; defenders' plea-in-law not sustained; case to proceed to evidence.

Orders

  • Allow proof before answer.