DANIEL KAIZER (AP) AGAINST THE SCOTTISH MINISTERS [2017] ScotCS CSOH_110 (22 August 2017))

DANIEL KAIZER (AP) AGAINST THE SCOTTISH MINISTERS [2017] ScotCS CSOH_110 (22 August 2017))

The Scottish Prison Service breached its duty of care by failing to report a specific, racially motivated threat made by Porter against the pursuer. This failure was causative of the subsequent assault, as it was reasonably foreseeable that the pursuer would sustain injury if reasonable care was not taken. Had the threat been reported, the opportunity for the attempted murder would not have arisen. All five requirements of Dorset Yacht were fulfilled.

Citation
[2017] ScotCS CSOH_110
Parties
Pursuer: Daniel Kaizer; Defender: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
22 August 2017
Procedural Posture
Personal Injury Action / Liability Proof
Outcome
Liability established against the Scottish Ministers; defenders found to have breached duty of care.
Legal Topics
Duty of Care, Negligence, Foreseeability, Prisoner Safety, Racially Motivated Assault
Tort Personal Injury Prison Law Duty of Care Negligence Foreseeability Prisoner Safety Racially Motivated Assault

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Parties

Daniel Kaizer

Pursuer

The Scottish Ministers

Defender

Procedural Posture

Personal Injury Action / Liability Proof

Legal Issues

  1. 1 Whether the Scottish Prison Service breached its duty of care by failing to report and act upon a specific threat of violence made against the pursuer by another prisoner
  2. 2 Whether the failure to report the threat was causative of the subsequent attempted murder

Ratio Decidendi

The Scottish Prison Service breached its duty of care by failing to report a specific, racially motivated threat made by Porter against the pursuer. This failure was causative of the subsequent assault, as it was reasonably foreseeable that the pursuer would sustain injury if reasonable care was not taken. Had the threat been reported, the opportunity for the attempted murder would not have arisen. All five requirements of Dorset Yacht were fulfilled.

Court Disposition

Liability established against the Scottish Ministers; defenders found to have breached duty of care.

Orders

  • Defenders liable to make reparation to pursuer
  • Proof on Quantum allowed on dates to be afterwards fixed