IAN HEARY v. MICHAEL PHINN T/A PHINN PARTS [2013] ScotSC 64 (30 August 2013)

IAN HEARY v. MICHAEL PHINN T/A PHINN PARTS [2013] ScotSC 64 (30 August 2013)

The defender, as occupier in sufficient control of the premises and gate, owed a duty of care to the pursuer under the Occupiers' Liability (Scotland) Act 1960 and at common law. The defender breached that duty by failing to check for the pursuer's presence before locking the gate, resulting in the pursuer being trapped and sustaining injury while attempting to escape. The pursuer did not willingly accept the risk, and contributory negligence was not established. The defender is liable for the pursuer's injuries and consequential losses.

Citation
[2013] ScotSC 64
Parties
Pursuer: Ian Heary; Defender: Michael Phinn t/a Phinn Parts
Jurisdiction
Scotland
Judgment Date
30 August 2013
Procedural Posture
Personal Injury/delictual Liability / Judgment After Proof (trial)
Outcome
Decree for the pursuer; defender found liable for damages and expenses.
Legal Topics
Occupiers' Liability (scotland) Act 1960, Duty of Care, Breach of Statutory Duty, Common Law Negligence, Contributory Negligence, Volenti Non Fit Injuria
Delict Personal Injury Occupiers' Liability Occupiers' Liability (scotland) Act 1960 Duty of Care Breach of Statutory Duty Common Law Negligence Contributory Negligence +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ian Heary

Pursuer

Michael Phinn t/a Phinn Parts

Defender

Procedural Posture

Personal Injury/delictual Liability / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the defender owed a duty of care to the pursuer under the Occupiers' Liability (Scotland) Act 1960 and/or at common law
  2. 2 Whether the defender was in sufficient control of the premises/gate to be an 'occupier' under the Act
  3. 3 Whether the defender breached that duty by failing to check for the pursuer's presence before locking the gate

Ratio Decidendi

The defender, as occupier in sufficient control of the premises and gate, owed a duty of care to the pursuer under the Occupiers' Liability (Scotland) Act 1960 and at common law. The defender breached that duty by failing to check for the pursuer's presence before locking the gate, resulting in the pursuer being trapped and sustaining injury while attempting to escape. The pursuer did not willingly accept the risk, and contributory negligence was not established. The defender is liable for the pursuer's injuries and consequential losses.

Court Disposition

Decree for the pursuer; defender found liable for damages and expenses.

Orders

  • Defender to pay pursuer £8,181.34 Sterling including interest to date of decree.
  • Interest at 8% per annum from date of decree until payment.