McDyer (AP) v Celtic Football & Athletic Club & Ors [2001] ScotCS 25 (6 February 2001)

McDyer (AP) v Celtic Football & Athletic Club & Ors [2001] ScotCS 25 (6 February 2001)

The court found that the second defenders had management and control of the area and the operation of attaching the banners, that the timber fell due to their negligence, and that res ipsa loquitur applied, making them liable for the pursuer's injuries.

Citation
[2001] ScotCS 25
Parties
Pursuer: Colin McDyer (A.P.); First Defenders: The Celtic Football and Athletic Company Limited; Second & Third Defenders: Second & Third Defenders (not named in excerpt)
Jurisdiction
Scotland
Judgment Date
06 February 2001
Procedural Posture
Personal Injury Action / Judgment After Proof (trial)
Outcome
Judgment for the pursuer against the second defenders.
Legal Topics
Res Ipsa Loquitur, Occupiers' Liability (scotland) Act 1960, Negligence, Damages Assessment
Tort Personal Injury Occupiers' Liability Res Ipsa Loquitur Occupiers' Liability (scotland) Act 1960 Negligence Damages Assessment

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Parties

Colin McDyer (A.P.)

Pursuer

The Celtic Football and Athletic Company Limited

First Defenders

Second & Third Defenders (not named in excerpt)

Second & Third Defenders

Procedural Posture

Personal Injury Action / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the second defenders had exclusive management and control of the area from which the timber fell
  2. 2 Whether the principle of res ipsa loquitur applies to infer negligence
  3. 3 Assessment of damages for personal injury

Ratio Decidendi

The court found that the second defenders had management and control of the area and the operation of attaching the banners, that the timber fell due to their negligence, and that res ipsa loquitur applied, making them liable for the pursuer's injuries.

Court Disposition

Judgment for the pursuer against the second defenders.

Orders

  • Award of damages to the pursuer in the sum of £85,155.