Redfern v British Waterways Board [1998] ScotCS 92 (4 December 1998)

Redfern v British Waterways Board [1998] ScotCS 92 (4 December 1998)

Since pursuer could not supply deficiencies in pleadings from available information and amendment would only enable a fishing expedition, the action was irrelevant and dismissal was inevitable.

Citation
[1998] ScotCS 92
Parties
Pursuer: Lawrence James Redfern; Defender: British Waterways Board
Jurisdiction
Scotland
Judgment Date
04 December 1998
Procedural Posture
Personal Injury / Procedure Roll, Motion to Dismiss
Outcome
action dismissed
Legal Topics
Duty of Care, Occupiers' Liability, Pleadings Amendment, Recovery of Evidence
Tort Public Authority Liability Duty of Care Occupiers' Liability Pleadings Amendment Recovery of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Lawrence James Redfern

Pursuer

British Waterways Board

Defender

Procedural Posture

Personal Injury / Procedure Roll, Motion to Dismiss

Legal Issues

  1. 1 Whether pursuer's pleadings are relevant without specific data on design and materials
  2. 2 Whether amendment of pleadings should be allowed to enable recovery of evidence
  3. 3 Whether defenders owed a duty of care based on occupiers' liability

Ratio Decidendi

Since pursuer could not supply deficiencies in pleadings from available information and amendment would only enable a fishing expedition, the action was irrelevant and dismissal was inevitable.

Court Disposition

action dismissed

Orders

  • minute of amendment refused
  • defenders' first plea in law sustained