McEwan v Lothian Buses Plc [2014] ScotCS CSIH_12 (24 January 2014)

McEwan v Lothian Buses Plc [2014] ScotCS CSIH_12 (24 January 2014)

The sheriff erred in making findings of fact without evidential foundation, particularly by relying on an inadmissible witness statement. On the unchallenged facts, the pursuer established a prima facie case of negligence as he was struck while lawfully on the pavement. The defenders failed to displace this inference, and the appeal was allowed.

Citation
[2014] ScotCS CSIH_12
Parties
Pursuer and Appellant: Calum McEwan; Defenders and Respondents: Lothian Buses Plc
Jurisdiction
Scotland
Judgment Date
24 January 2014
Procedural Posture
Appeal / Judgment on Appeal From Sheriff Court Interlocutor
Outcome
Appeal allowed; interlocutor of sheriff recalled; decree granted for pursuer.
Legal Topics
Negligence, Duty of Care, Causation, Evidence, Foreseeability
Tort Personal Injury Road Traffic Negligence Duty of Care Causation Evidence Foreseeability

Case Brief

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Parties

Calum McEwan

Pursuer and Appellant

Lothian Buses Plc

Defenders and Respondents

Procedural Posture

Appeal / Judgment on Appeal From Sheriff Court Interlocutor

Legal Issues

  1. 1 Whether the accident was caused by the fault and negligence of the bus driver
  2. 2 Whether the sheriff's findings of fact were supported by evidence
  3. 3 Whether a prima facie case of negligence was established

Ratio Decidendi

The sheriff erred in making findings of fact without evidential foundation, particularly by relying on an inadmissible witness statement. On the unchallenged facts, the pursuer established a prima facie case of negligence as he was struck while lawfully on the pavement. The defenders failed to displace this inference, and the appeal was allowed.

Court Disposition

Appeal allowed; interlocutor of sheriff recalled; decree granted for pursuer.

Orders

  • Decree in favour of pursuer for £9,000 as agreed in joint minute
  • Interest at 8% per annum from 8 November 2012 until payment