Glennie v University Court of the University of Aberdeen [2013] ScotCS CSOH_71 (10 May 2013)

Glennie v University Court of the University of Aberdeen [2013] ScotCS CSOH_71 (10 May 2013)

The pursuer failed to prove on the balance of probabilities that there was moss of sufficient size and density on the playing area of the court to cause him to slip, or that he slipped on moss. The evidence showed that regular inspections and maintenance were carried out, and no other witnesses observed moss in the relevant area. Therefore, the defenders were not in breach of their duty of care and are not liable for the pursuer's injury.

Citation
[2013] ScotCS CSOH_71
Parties
Pursuer: Eric Glennie; Defender: University Court of the University of Aberdeen
Jurisdiction
Scotland
Judgment Date
10 May 2013
Procedural Posture
Personal Injury Action / Judgment After Proof (trial)
Outcome
Pursuer's claim dismissed; decree of absolvitor granted in favour of the defenders.
Legal Topics
Occupiers' Liability (scotland) Act 1960, Negligence, Duty of Care, Standard of Care, Causation
Tort Personal Injury Occupiers' Liability Occupiers' Liability (scotland) Act 1960 Negligence Duty of Care Standard of Care Causation

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Parties

Eric Glennie

Pursuer

University Court of the University of Aberdeen

Defender

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the pursuer slipped on moss on the tennis court surface
  2. 2 Whether the defenders failed in their duty of care under the Occupiers' Liability (Scotland) Act 1960
  3. 3 Whether the presence of moss rendered the court unsafe for play

Ratio Decidendi

The pursuer failed to prove on the balance of probabilities that there was moss of sufficient size and density on the playing area of the court to cause him to slip, or that he slipped on moss. The evidence showed that regular inspections and maintenance were carried out, and no other witnesses observed moss in the relevant area. Therefore, the defenders were not in breach of their duty of care and are not liable for the pursuer's injury.

Court Disposition

Pursuer's claim dismissed; decree of absolvitor granted in favour of the defenders.

Orders

  • Decree of absolvitor granted in favour of the defenders.