French (AP) v Kerr McGee Oil (UK) Plc & Ors [2000] ScotCS 24 (27 January 2000)

French (AP) v Kerr McGee Oil (UK) Plc & Ors [2000] ScotCS 24 (27 January 2000)

The pleadings did not contain sufficient relevant averments to establish that the pursuer was an employee of the third party, but the averments were sufficient to admit the possibility that the pursuer was an invitee of the third party under the contract.

Citation
[2000] ScotCS 24
Parties
Pursuer: Nickolas David French (AP); Defenders: Kerr McGee Oil (UK) Plc & Others; Third Party: Hitec Engineering Limited
Jurisdiction
Scotland
Judgment Date
27 January 2000
Procedural Posture
Civil / Procedure Roll Hearing (preliminary Pleas)
Outcome
Certain averments excluded from probation; specific pleas repelled; limited effect given to third party's pleas.
Legal Topics
Personal Bar, Indemnity Clauses, Employment Status, Invitee Status, Contractual Interpretation
Contract Law Employment Law Personal Bar Indemnity Clauses Employment Status Invitee Status Contractual Interpretation

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Parties

Nickolas David French (AP)

Pursuer

Kerr McGee Oil (UK) Plc & Others

Defenders

Hitec Engineering Limited

Third Party

Procedural Posture

Civil / Procedure Roll Hearing (preliminary Pleas)

Legal Issues

  1. 1 Whether the first defenders have relevantly averred that Clause 10.1 of the contract applies to the pursuer as a 'servant' or 'invitee' of the third party
  2. 2 Whether the pursuer was an employee of the third party or an invitee for the purposes of indemnity

Ratio Decidendi

The pleadings did not contain sufficient relevant averments to establish that the pursuer was an employee of the third party, but the averments were sufficient to admit the possibility that the pursuer was an invitee of the third party under the contract.

Court Disposition

Certain averments excluded from probation; specific pleas repelled; limited effect given to third party's pleas.

Orders

  • Refused to admit to probation all averments directed towards personal bar and breach of contract based on Clause 9.1.
  • Refused to admit to probation all averments relating to the pursuer being an employee of the third party.