Dewar & Ors v Winton [1999] ScotCS 124 (25 May 1999)

Dewar & Ors v Winton [1999] ScotCS 124 (25 May 1999)

On a balance of probabilities, the only realistic explanation is that the defender unscrewed the union nut during his visit, causing the subsequent gas escape and explosion; the pursuers discharged the burden of proof despite the improbability and lack of direct evidence.

Citation
[1999] ScotCS 124
Parties
Pursuers and Respondents: Ronald McIntosh Dewar and Another; Defender and Appellant: Stewart Andrew Winton
Jurisdiction
Scotland
Judgment Date
25 May 1999
Procedural Posture
Appeal (from Sheriffdom of Tayside Central and Fife at Cupar) / Appeal Judgment
Outcome
Appeal refused; judgment for pursuers affirmed.
Legal Topics
Professional Negligence, Burden of Proof, Res Ipsa Loquitur, Causation, Gas Explosion Liability
Tort Negligence Professional Negligence Burden of Proof Res Ipsa Loquitur Causation Gas Explosion Liability

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Parties

Ronald McIntosh Dewar and Another

Pursuers and Respondents

Stewart Andrew Winton

Defender and Appellant

Procedural Posture

Appeal (from Sheriffdom of Tayside Central and Fife at Cupar) / Appeal Judgment

Legal Issues

  1. 1 Whether the defender (plumber) negligently unscrewed a gas pipe union nut, causing a fatal gas explosion
  2. 2 Whether the principle of res ipsa loquitur applies
  3. 3 Whether the pursuers discharged the burden of proof on a balance of probabilities

Ratio Decidendi

On a balance of probabilities, the only realistic explanation is that the defender unscrewed the union nut during his visit, causing the subsequent gas escape and explosion; the pursuers discharged the burden of proof despite the improbability and lack of direct evidence.

Court Disposition

Appeal refused; judgment for pursuers affirmed.

Orders

  • Decree for agreed sums of damages in favour of pursuers stands.