Phee v Gordon & Anor [2013] ScotCS CSIH_18 (14 March 2013)

Phee v Gordon & Anor [2013] ScotCS CSIH_18 (14 March 2013)

Both Mr Gordon and the Club owed Mr Phee a duty of care. Mr Gordon breached that duty by striking the ball when Mr Phee and his friends were within range and not sufficiently alerted. The Club breached its duty by failing to provide adequate warnings or instructions to visitors, particularly inexperienced golfers, about the risks at the locus. The Club's failure was of greater magnitude than Mr Gordon's. Mr Phee was not contributorily negligent given his inexperience and the emergency circumstances.

Citation
[2013] ScotCS CSIH_18
Parties
Pursuer and Respondent: Anthony Phee; First Defender and Reclaimer: James Gordon; Second Defender and Reclaimer: Niddry Castle Golf Club
Jurisdiction
Scotland
Judgment Date
14 March 2013
Procedural Posture
Personal Injury Negligence Appeal / Appeal (reclaiming Motion) From Lord Ordinary's Judgment
Outcome
Appeal allowed in part; apportionment of liability altered
Legal Topics
Negligence, Apportionment of Liability, Contributory Negligence, Duty of Care, Foreseeability, Golf Course Accidents
Tort Law Occupiers' Liability Personal Injury Negligence Apportionment of Liability Contributory Negligence Duty of Care Foreseeability +1 more

Case Brief

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Parties

Anthony Phee

Pursuer and Respondent

James Gordon

First Defender and Reclaimer

Niddry Castle Golf Club

Second Defender and Reclaimer

Procedural Posture

Personal Injury Negligence Appeal / Appeal (reclaiming Motion) From Lord Ordinary's Judgment

Legal Issues

  1. 1 Whether Mr Gordon was negligent in striking the golf ball that injured Mr Phee
  2. 2 Whether Niddry Castle Golf Club breached its duty of care under the Occupiers' Liability (Scotland) Act 1960
  3. 3 Whether the accident was caused by Mr Phee's sole fault or contributory negligence

Ratio Decidendi

Both Mr Gordon and the Club owed Mr Phee a duty of care. Mr Gordon breached that duty by striking the ball when Mr Phee and his friends were within range and not sufficiently alerted. The Club breached its duty by failing to provide adequate warnings or instructions to visitors, particularly inexperienced golfers, about the risks at the locus. The Club's failure was of greater magnitude than Mr Gordon's. Mr Phee was not contributorily negligent given his inexperience and the emergency circumstances.

Court Disposition

Appeal allowed in part; apportionment of liability altered

Orders

  • Liability apportioned 20% to Mr Gordon and 80% to Niddry Castle Golf Club for agreed damages of £397,034.82
  • Otherwise, reclaiming motions refused