Campbell v North Lanarkshire Council & Anor [1999] ScotCS 163 (30 June 1999)

Campbell v North Lanarkshire Council & Anor [1999] ScotCS 163 (30 June 1999)

It cannot be determined at this stage that the pursuer is bound to fail to establish he was within the range of foreseeable physical injury; issues of proximity and foreseeability require evidence and cannot be resolved on pleadings alone.

Citation
[1999] ScotCS 163
Parties
Pursuer: Peter Taylor Campbell; First Defender: North Lanarkshire Council; Second Defender: Scottish Power PLC
Jurisdiction
Scotland
Judgment Date
30 June 1999
Procedural Posture
Delict (personal Injury) / Procedure Roll Debate (preliminary Hearing)
Outcome
Proof before answer allowed; action not dismissed.
Legal Topics
Psychiatric Injury, Duty of Care, Employer Liability, Statutory Duties, Electricity at Work Regulations, Employers Liability (scotland) Act
Tort Employment Law Health and Safety Psychiatric Injury Duty of Care Employer Liability Statutory Duties Electricity at Work Regulations +1 more

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Parties

Peter Taylor Campbell

Pursuer

North Lanarkshire Council

First Defender

Scottish Power PLC

Second Defender

Procedural Posture

Delict (personal Injury) / Procedure Roll Debate (preliminary Hearing)

Legal Issues

  1. 1 Whether pursuer is entitled to recover damages for psychiatric injury as a primary or secondary victim
  2. 2 Whether pursuer was within the range of foreseeable physical injury
  3. 3 Applicability of Alcock control mechanisms

Ratio Decidendi

It cannot be determined at this stage that the pursuer is bound to fail to establish he was within the range of foreseeable physical injury; issues of proximity and foreseeability require evidence and cannot be resolved on pleadings alone.

Court Disposition

Proof before answer allowed; action not dismissed.

Orders

  • Proof before answer granted; case proceeds to evidentiary stage.