Honeybourne v. Burgess & Ors [2005] ScotCS CSOH_151 (15 November 2005)

Honeybourne v. Burgess & Ors [2005] ScotCS CSOH_151 (15 November 2005)

There is no duty in Scots law requiring occupiers to check the insurance position or competence of independent contractors providing security, nor to supervise or regulate their staff, and the Occupiers' Liability (Scotland) Act 1960 does not apply to deliberate assaults by independent contractors' staff; thus, the pursuer's case is irrelevant and must be dismissed.

Citation
[2005] ScotCS CSOH_151
Parties
Pursuer: Ross Honeybourne; First Defender: Ian Burgess; Second Defenders: Owners and operators of the Jaffa Nightclub (Second Defenders); Fourth Defender: Stephen Allan (Fourth Defender)
Jurisdiction
Scotland
Judgment Date
15 November 2005
Procedural Posture
Civil (delict/personal Injury) / Procedure Roll (plea to Relevancy)
Outcome
Action dismissed as irrelevant against the second defenders.
Legal Topics
Vicarious Liability, Duty of Care, Selection and Supervision of Contractors, Public Liability Insurance, Assault by Security Staff
Delict Occupiers' Liability Vicarious Liability Duty of Care Selection and Supervision of Contractors Public Liability Insurance Assault by Security Staff

Case Brief

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Parties

Ross Honeybourne

Pursuer

Ian Burgess

First Defender

Owners and operators of the Jaffa Nightclub (Second Defenders)

Second Defenders

Stephen Allan (Fourth Defender)

Fourth Defender

Procedural Posture

Civil (delict/personal Injury) / Procedure Roll (plea to Relevancy)

Legal Issues

  1. 1 Whether occupiers owe a duty to check competence and insurance of independent contractors providing security
  2. 2 Whether occupiers are liable under the Occupiers' Liability (Scotland) Act 1960 for assaults by independent contractors' staff
  3. 3 Whether there is a duty to supervise or regulate conduct of independent contractors' staff

Ratio Decidendi

There is no duty in Scots law requiring occupiers to check the insurance position or competence of independent contractors providing security, nor to supervise or regulate their staff, and the Occupiers' Liability (Scotland) Act 1960 does not apply to deliberate assaults by independent contractors' staff; thus, the pursuer's case is irrelevant and must be dismissed.

Court Disposition

Action dismissed as irrelevant against the second defenders.

Orders

  • Sustain first plea-in-law for the second defenders
  • Dismiss action insofar as directed against the second defenders