Shaher & Ors v. British Aerospace Flying College ScotCS 1 [2002] ScotCS 151 (28th May, 2002)

Shaher & Ors v. British Aerospace Flying College ScotCS 1 [2002] ScotCS 151 (28th May, 2002)

Captain McDougall, acting for the defenders, was negligent in authorising Tareq Shaher's solo flight given the known deficiencies in his airmanship and the foreseeable weather hazards. However, Tareq Shaher contributed equally to the accident by disregarding instructions and flying into cloud, warranting a 50% reduction for contributory negligence. The pursuers failed to establish a substantial claim for loss of financial support under Scots law, but are entitled to damages for loss of society, reduced for contributory negligence.

Citation
[2002] ScotCS 151
Parties
Pursuers: Mohammed Ali Shaher and Others; Defenders: British Aerospace Flying College Limited
Jurisdiction
Scotland
Procedural Posture
Civil Wrongful Death / Negligence / Judgment After Proof (trial)
Outcome
Defenders found liable in negligence for authorising the fatal flight; damages for loss of society awarded to first and second pursuers, reduced by 50% for contributory negligence; no award for loss of financial support; defenders assoilzied from second and third conclusions of the summons; expenses reserved.
Legal Topics
Negligence, Contributory Negligence, Duty of Care, Damages for Loss of Society, Damages for Loss of Support
Tort Law Aviation Law Family Law Negligence Contributory Negligence Duty of Care Damages for Loss of Society Damages for Loss of Support

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Parties

Mohammed Ali Shaher and Others

Pursuers

British Aerospace Flying College Limited

Defenders

Procedural Posture

Civil Wrongful Death / Negligence / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defenders were negligent in continuing Tareq Shaher's training and in authorising the fatal flight
  2. 2 Whether the deceased contributed to the accident (contributory negligence)
  3. 3 Whether the pursuers are entitled to damages for loss of support and loss of society

Ratio Decidendi

Captain McDougall, acting for the defenders, was negligent in authorising Tareq Shaher's solo flight given the known deficiencies in his airmanship and the foreseeable weather hazards. However, Tareq Shaher contributed equally to the accident by disregarding instructions and flying into cloud, warranting a 50% reduction for contributory negligence. The pursuers failed to establish a substantial claim for loss of financial support under Scots law, but are entitled to damages for loss of society, reduced for contributory negligence.

Court Disposition

Defenders found liable in negligence for authorising the fatal flight; damages for loss of society awarded to first and second pursuers, reduced by 50% for contributory negligence; no award for loss of financial support; defenders assoilzied from second and third conclusions of the summons; expenses reserved.

Orders

  • Award of £20,614 to each of the first and second pursuers for loss of society (including interest)
  • No award for loss of financial support