Brown v. South Lanarkshire Council [2002] ScotCS 297 (21 November 2002)

Brown v. South Lanarkshire Council [2002] ScotCS 297 (21 November 2002)

The defenders did not clear or grit the path in Moor Park, nor were they under a duty to do so in the circumstances. No breach of duty was established. The pursuer's case failed on liability.

Citation
[2002] ScotCS 297
Parties
Pursuer: David Brown; Defenders: South Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
21 November 2002
Procedural Posture
Personal Injury Action / Judgment After Proof
Outcome
Pursuer's action dismissed; decree of absolvitor granted to defenders.
Legal Topics
Occupiers' Liability for Snow and Ice, Duty of Care in Public Parks, Contributory Negligence, Damages Assessment
Tort Personal Injury Occupiers' Liability Occupiers' Liability for Snow and Ice Duty of Care in Public Parks Contributory Negligence Damages Assessment

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Parties

David Brown

Pursuer

South Lanarkshire Council

Defenders

Procedural Posture

Personal Injury Action / Judgment After Proof

Legal Issues

  1. 1 Whether the defenders owed a duty of care to clear or grit the path in Moor Park under common law or the Occupiers' Liability Act
  2. 2 Whether the defenders breached any such duty
  3. 3 Whether the pursuer was contributorily negligent

Ratio Decidendi

The defenders did not clear or grit the path in Moor Park, nor were they under a duty to do so in the circumstances. No breach of duty was established. The pursuer's case failed on liability.

Court Disposition

Pursuer's action dismissed; decree of absolvitor granted to defenders.

Orders

  • Pursuer's pleas-in-law repelled
  • Defender's third plea-in-law sustained