Brown v East Lothian Council [2013] ScotCS CSOH_62 (26 April 2013)

Brown v East Lothian Council [2013] ScotCS CSOH_62 (26 April 2013)

The Workplace (Health, Safety and Welfare) Regulations 1992 did not apply because the Town House was not made available to the pursuer as a place of work, but the pursuer pled a relevant case at common law as occupier's liability, and the contractual exclusion of liability for personal injury was void under the Unfair Contract Terms Act 1977.

Citation
[2013] ScotCS CSOH_62
Parties
Pursuer: Fiona Brown; Defender: East Lothian Council
Jurisdiction
Scotland
Judgment Date
26 April 2013
Procedural Posture
Personal Injury Action / Procedure Roll Hearing on Relevancy and Specification
Outcome
Statutory case dismissed; common law case allowed to proceed; exclusion clause void.
Legal Topics
Personal Injury, Workplace Safety, Exclusion of Liability, Statutory Interpretation
Tort Contract Occupiers' Liability Personal Injury Workplace Safety Exclusion of Liability Statutory Interpretation

Case Brief

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Parties

Fiona Brown

Pursuer

East Lothian Council

Defender

Procedural Posture

Personal Injury Action / Procedure Roll Hearing on Relevancy and Specification

Legal Issues

  1. 1 Does the Workplace (Health, Safety and Welfare) Regulations 1992 apply to the pursuer's use of the Town House?
  2. 2 Has the pursuer pled a relevant case at common law or under occupiers' liability?
  3. 3 Is the contractual exclusion of liability for personal injury void under the Unfair Contract Terms Act 1977?

Ratio Decidendi

The Workplace (Health, Safety and Welfare) Regulations 1992 did not apply because the Town House was not made available to the pursuer as a place of work, but the pursuer pled a relevant case at common law as occupier's liability, and the contractual exclusion of liability for personal injury was void under the Unfair Contract Terms Act 1977.

Court Disposition

Statutory case dismissed; common law case allowed to proceed; exclusion clause void.

Orders

  • Dismiss the case against the defenders under the workplace regulations as irrelevant.
  • Refuse to admit to probation the defenders' averment of contractual exclusion of liability for personal injury.