ICL Tech Ltd v Johnston Oils Ltd [2013] ScotCS CSOH_159 (25 September 2013)

ICL Tech Ltd v Johnston Oils Ltd [2013] ScotCS CSOH_159 (25 September 2013)

The supplier of LPG (Johnston Oils) did not owe a common law duty of care to the injured parties in respect of the underground pipework owned and controlled by the pursuers. The necessary proximity was lacking due to the clear contractual and industry delineation of responsibility, the pursuers' knowledge and primary duty, and the absence of reliance or assumption of responsibility by the supplier. Even if a duty existed, causation was not established.

Citation
[2013] ScotCS CSOH_159
Parties
Pursuer: ICL Tech Limited, ICL Plastics Limited and Stockline Plastics Limited; Defender: Johnston Oils Limited
Jurisdiction
Scotland
Judgment Date
25 September 2013
Procedural Posture
Civil / Judgment After Proof (trial)
Outcome
Decree of absolvitor for the defender (Johnston Oils Limited); pursuers' claim dismissed.
Legal Topics
Negligence, Duty of Care, Contribution, Supply of Hazardous Substances, Industry Practice, Causation
Tort/delict Health and Safety Commercial Law Negligence Duty of Care Contribution Supply of Hazardous Substances Industry Practice +1 more

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Parties

ICL Tech Limited, ICL Plastics Limited and Stockline Plastics Limited

Pursuer

Johnston Oils Limited

Defender

Procedural Posture

Civil / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the supplier of LPG (Johnston Oils) owed a common law duty of care to persons injured in an explosion caused by corroded underground pipework owned by the customer (pursuers)
  2. 2 Whether industry practice and contractual delineation of responsibility precluded such a duty
  3. 3 Whether causation was established if a duty existed

Ratio Decidendi

The supplier of LPG (Johnston Oils) did not owe a common law duty of care to the injured parties in respect of the underground pipework owned and controlled by the pursuers. The necessary proximity was lacking due to the clear contractual and industry delineation of responsibility, the pursuers' knowledge and primary duty, and the absence of reliance or assumption of responsibility by the supplier. Even if a duty existed, causation was not established.

Court Disposition

Decree of absolvitor for the defender (Johnston Oils Limited); pursuers' claim dismissed.

Orders

  • Second and third pleas in law for the defender sustained.
  • Pleas in law for the pursuers repelled.