GLASGOW CITY COUNCIL AGAINST FIRST GLASGOW (NO 1) LTD [2019] ScotCS CSOH_101 (10 December 2019)

GLASGOW CITY COUNCIL AGAINST FIRST GLASGOW (NO 1) LTD [2019] ScotCS CSOH_101 (10 December 2019)

Section 3 of the 1940 Act does not apply unless both parties are liable to the injured person; a previous employer giving an employment reference does not owe a duty of care to third parties injured by the employee in subsequent employment, as there is no proximity or assumption of responsibility, and it would not be fair, just or reasonable to impose such a duty.

Citation
[2019] ScotCS CSOH_101
Parties
Pursuer: Glasgow City Council; Defender: First Glasgow (No 1) Limited
Jurisdiction
Scotland
Judgment Date
10 December 2019
Procedural Posture
Commercial Action for Contribution Under Statute / Debate on Relevancy, Interlocutor on Dismissal
Outcome
action dismissed (no substantive order at present due to pending amendment)
Legal Topics
Contribution Among Joint Wrongdoers, Duty of Care, Negligent Misstatement, Employment References
Tort Employment Law Statutory Interpretation Contribution Among Joint Wrongdoers Duty of Care Negligent Misstatement Employment References

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Parties

Glasgow City Council

Pursuer

First Glasgow (No 1) Limited

Defender

Procedural Posture

Commercial Action for Contribution Under Statute / Debate on Relevancy, Interlocutor on Dismissal

Legal Issues

  1. 1 Is a previous employer liable to contribute under section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 for damages paid by a subsequent employer to third parties injured by an employee, based on alleged negligent omission in an employment reference?
  2. 2 Does a previous employer owe a duty of care to third parties injured by the employee in the course of new employment, arising from the content of an employment reference?

Ratio Decidendi

Section 3 of the 1940 Act does not apply unless both parties are liable to the injured person; a previous employer giving an employment reference does not owe a duty of care to third parties injured by the employee in subsequent employment, as there is no proximity or assumption of responsibility, and it would not be fair, just or reasonable to impose such a duty.

Court Disposition

action dismissed (no substantive order at present due to pending amendment)

Orders

  • case put out by order for discussion as to how to proceed in light of opinion and continued motion