Donaldson v. Hays Distribution Services Ltd & Ors [2005] ScotCS CSIH_48 (14 June 2005)

Donaldson v. Hays Distribution Services Ltd & Ors [2005] ScotCS CSIH_48 (14 June 2005)

The Workplace (Health, Safety and Welfare) Regulations 1992, including regulation 17, do not confer protection on persons present in a workplace as visitors but not as workers. The Regulations were enacted to implement the Workplace Directive, which applies exclusively to workers, and there is no positive indication in the legislation that Parliament intended to extend protection to non-worker visitors. Extending such protection would represent a major and improbable change in the law of occupiers' liability, which cannot be inferred from the general language used.

Citation
[2005] ScotCS CSIH_48
Parties
Pursuer and Reclaimer: Candace Donaldson; First Defenders: Hays Distribution Services Limited; Second Defenders and Respondents: C. B. Hillier Parker Management Services Limited; Third Defenders and Respondents: C. B. Hillier Parker Limited; Third Party: National Britannia Health & Safety Limited
Jurisdiction
Scotland
Judgment Date
14 June 2005
Procedural Posture
Reclaiming Motion (appeal) / Appeal Against Interlocutor Dismissing Action Against Second and Third Defenders
Outcome
Reclaiming motion refused; interlocutor of 25 February 2004 adhered to; action dismissed so far as laid against second and third defenders.
Legal Topics
Scope of Workplace (health, Safety and Welfare) Regulations 1992, Protection of Non Worker Visitors Under Workplace Regulations, Interpretation of Statutory Duties in Health and Safety Context
Health and Safety Law Occupiers' Liability Statutory Interpretation Scope of Workplace (health, Safety and Welfare) Regulations 1992 Protection of Non Worker Visitors Under Workplace Regulations Interpretation of Statutory Duties in Health and Safety Context

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Candace Donaldson

Pursuer and Reclaimer

Hays Distribution Services Limited

First Defenders

C. B. Hillier Parker Management Services Limited

Second Defenders and Respondents

C. B. Hillier Parker Limited

Third Defenders and Respondents

National Britannia Health & Safety Limited

Third Party

Procedural Posture

Reclaiming Motion (appeal) / Appeal Against Interlocutor Dismissing Action Against Second and Third Defenders

Legal Issues

  1. 1 Whether the Workplace (Health, Safety and Welfare) Regulations 1992 confer protection on non-worker visitors to a workplace
  2. 2 Whether duties under regulation 17 are owed to persons not at work in the workplace

Ratio Decidendi

The Workplace (Health, Safety and Welfare) Regulations 1992, including regulation 17, do not confer protection on persons present in a workplace as visitors but not as workers. The Regulations were enacted to implement the Workplace Directive, which applies exclusively to workers, and there is no positive indication in the legislation that Parliament intended to extend protection to non-worker visitors. Extending such protection would represent a major and improbable change in the law of occupiers' liability, which cannot be inferred from the general language used.

Court Disposition

Reclaiming motion refused; interlocutor of 25 February 2004 adhered to; action dismissed so far as laid against second and third defenders.

Orders

  • Refusal of reclaiming motion
  • Adherence to Lord Ordinary's interlocutor of 25 February 2004