McFarlane v. Scottish Borders Council [2005] ScotCS CSIH_23 (03 March 2005)

McFarlane v. Scottish Borders Council [2005] ScotCS CSIH_23 (03 March 2005)

The defenders failed to take all reasonably practicable steps to make and keep the workplace safe, breaching Regulation 5(2) of the Construction Regulations. The risk of a roller falling over the edge was self-evident and foreseeable. The absence of evidence regarding the cost or impracticability of precautions (verge or sleepers) meant the defenders could not exculpate themselves. Both parties were equally to blame, warranting a 50/50 apportionment of liability.

Citation
[2005] ScotCS CSIH_23
Parties
Pursuer and Reclaimer: Steven McFarlane; Defenders and Respondents: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
03 March 2005
Procedural Posture
Reclaiming Motion (appeal) / Judgment on Liability and Contributory Negligence
Outcome
Reclaiming motion allowed; liability apportioned 50/50 between pursuer and defenders.
Legal Topics
Statutory Duty, Safe Workplace, Contributory Negligence, Risk Assessment, Work Equipment Suitability
Employment Law Health and Safety Law Personal Injury Statutory Duty Safe Workplace Contributory Negligence Risk Assessment Work Equipment Suitability

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Parties

Steven McFarlane

Pursuer and Reclaimer

Scottish Borders Council

Defenders and Respondents

Procedural Posture

Reclaiming Motion (appeal) / Judgment on Liability and Contributory Negligence

Legal Issues

  1. 1 Whether the defenders breached statutory duty under Regulation 5(2) of the Construction (Health, Safety and Welfare) Regulations 1996
  2. 2 Whether the defenders breached Regulation 4(3) of the Provision and Use of Work Equipment Regulations 1998
  3. 3 Whether reasonably practicable precautions were taken to make the workplace safe

Ratio Decidendi

The defenders failed to take all reasonably practicable steps to make and keep the workplace safe, breaching Regulation 5(2) of the Construction Regulations. The risk of a roller falling over the edge was self-evident and foreseeable. The absence of evidence regarding the cost or impracticability of precautions (verge or sleepers) meant the defenders could not exculpate themselves. Both parties were equally to blame, warranting a 50/50 apportionment of liability.

Court Disposition

Reclaiming motion allowed; liability apportioned 50/50 between pursuer and defenders.

Orders

  • Sustain pursuer's first plea-in-law as regards breach of Regulation 5(2) of the Construction Regulations.
  • Sustain defenders' fifth plea-in-law relative to contributory negligence.