DUTHIE AGAINST TRANSCOCEAN NORTH SEA Ltd & Ors [2015] ScotCS CSOH_20 (17 February 2015)

DUTHIE AGAINST TRANSCOCEAN NORTH SEA Ltd & Ors [2015] ScotCS CSOH_20 (17 February 2015)

Summary decree refused in hoc statu as the statutory case is not properly focused; there is an arguable case in law and an arguable defence. Major issue on causation requires proof.

Citation
[2015] ScotCS CSOH_20
Parties
Pursuer: Michael Duthie; First Defender: Transocean North Sea Limited; Second Defender: Dr Johnson; Third Defender: Capita Health Solutions Limited; Fourth Defender: Transocean Drilling UK Limited
Jurisdiction
Scotland
Judgment Date
17 February 2015
Procedural Posture
Personal Injury Action / Motion for Summary Decree Under RCS 21
Outcome
Motion for summary decree refused in hoc statu
Legal Topics
Offshore Installations, Provision of Medical Equipment, First Aid Regulations, Causation, Summary Decree
Personal Injury Health and Safety Statutory Duty Offshore Installations Provision of Medical Equipment First Aid Regulations Causation Summary Decree

Case Brief

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Parties

Michael Duthie

Pursuer

Transocean North Sea Limited

First Defender

Dr Johnson

Second Defender

Capita Health Solutions Limited

Third Defender

Transocean Drilling UK Limited

Fourth Defender

Procedural Posture

Personal Injury Action / Motion for Summary Decree Under RCS 21

Legal Issues

  1. 1 Whether fourth defenders breached statutory duty by failing to provide adequate ECG equipment
  2. 2 Whether breach caused pursuer's injury
  3. 3 Interpretation of 'adequate and appropriate' under Offshore Installations and Pipeline Works (First Aid) Regulations 1988

Ratio Decidendi

Summary decree refused in hoc statu as the statutory case is not properly focused; there is an arguable case in law and an arguable defence. Major issue on causation requires proof.

Court Disposition

Motion for summary decree refused in hoc statu