JENNIFER TROUP AGAINST WEST LOTHIAN COUNCIL [2020] ScotCS CSOH_29 (10 March 2020)

JENNIFER TROUP AGAINST WEST LOTHIAN COUNCIL [2020] ScotCS CSOH_29 (10 March 2020)

The exclusion clause in the compromise agreement is clear and unambiguous, permitting the pursuer to bring a civil action for damages for personal injury arising from circumstances prior to 12 May 2017. There is no personal bar, as there is no inconsistency or unfairness in pursuing the present action, which is contractually permitted.

Citation
[2020] ScotCS CSOH_29
Parties
Pursuer: Jennifer Troup; Defender: West Lothian Council
Jurisdiction
Scotland
Judgment Date
10 March 2020
Procedural Posture
Ordinary Action for Damages / Plea in Law for Dismissal Based on Personal Bar
Outcome
Defenders' plea of personal bar repelled; action proceeds.
Legal Topics
Compromise Agreements, Personal Bar, Exclusion Clauses, Employment Tribunal Settlements, Disability Discrimination, Harassment, Breach of Contract
Employment Law Contract Law Personal Injury Compromise Agreements Personal Bar Exclusion Clauses Employment Tribunal Settlements Disability Discrimination +2 more

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Parties

Jennifer Troup

Pursuer

West Lothian Council

Defender

Procedural Posture

Ordinary Action for Damages / Plea in Law for Dismissal Based on Personal Bar

Legal Issues

  1. 1 Whether the compromise agreement personally bars the pursuer from raising a civil action for damages for personal injury
  2. 2 Interpretation of exclusion clause in compromise agreement
  3. 3 Distinction between statutory claims and common law claims

Ratio Decidendi

The exclusion clause in the compromise agreement is clear and unambiguous, permitting the pursuer to bring a civil action for damages for personal injury arising from circumstances prior to 12 May 2017. There is no personal bar, as there is no inconsistency or unfairness in pursuing the present action, which is contractually permitted.

Court Disposition

Defenders' plea of personal bar repelled; action proceeds.

Orders

  • Defenders' averments in support of personal bar excluded from probation.
  • Action placed on adjustment roll for further procedure.