Weir v. CSC Forest Products [2002] ScotCS 253 (5 September 2002)

Weir v. CSC Forest Products [2002] ScotCS 253 (5 September 2002)

The pleadings, including those regarding the cause of the fire and the unguarded pit, are sufficiently relevant and specific to warrant a proof before answer. The duties under the Occupiers' Liability (Scotland) Act 1960 and the 1992 Regulations may apply to the pursuer, and the factual averments form part of the relevant history and causal chain. There is no basis for deleting the challenged averments at this stage.

Citation
[2002] ScotCS 253
Parties
Pursuer: William Weir; Defender: CSC Forest Products Limited
Jurisdiction
Scotland
Judgment Date
05 September 2002
Procedural Posture
Personal Injury Action / Procedure Roll Discussion on Relevancy and Specification; Preliminary Plea
Outcome
Proof before answer allowed; all averments and pleas to remain standing.
Legal Topics
Personal Injury, Occupiers' Liability (scotland) Act 1960, Workplace (health, Safety and Welfare) Regulations 1992, Specification of Pleadings, Duties to Non Employees
Tort Occupiers' Liability Health and Safety Personal Injury Occupiers' Liability (scotland) Act 1960 Workplace (health, Safety and Welfare) Regulations 1992 Specification of Pleadings Duties to Non Employees

Case Brief

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Parties

William Weir

Pursuer

CSC Forest Products Limited

Defender

Procedural Posture

Personal Injury Action / Procedure Roll Discussion on Relevancy and Specification; Preliminary Plea

Legal Issues

  1. 1 Whether the pursuer's pleadings are sufficiently relevant and specific to proceed to proof
  2. 2 Whether the averments regarding the cause of the fire and the unguarded pit are relevant to the claim for damages
  3. 3 Whether duties under the Occupiers' Liability (Scotland) Act 1960 and the 1992 Regulations extend to the pursuer, a fireman, and are properly averred

Ratio Decidendi

The pleadings, including those regarding the cause of the fire and the unguarded pit, are sufficiently relevant and specific to warrant a proof before answer. The duties under the Occupiers' Liability (Scotland) Act 1960 and the 1992 Regulations may apply to the pursuer, and the factual averments form part of the relevant history and causal chain. There is no basis for deleting the challenged averments at this stage.

Court Disposition

Proof before answer allowed; all averments and pleas to remain standing.

Orders

  • Proof before answer allowed on the pleadings as they presently stand.
  • Defenders' motion to delete averments refused.