BOWES AND OTHERS AGAINST THE HIGHLAND COUNCIL [2018] ScotCS CSIH_38 (05 June 2018)

BOWES AND OTHERS AGAINST THE HIGHLAND COUNCIL [2018] ScotCS CSIH_38 (05 June 2018)

Highland Council breached its duty of care by failing to monitor and implement interim safety measures for a known defective parapet, which posed a significant hazard to road users. The standard of care was ordinary reasonable care, not professional negligence. Budgetary constraints did not excuse the breach. The defective parapet was the proximate cause of death, and no contributory negligence was established.

Citation
[2018] ScotCS CSIH_38
Parties
Pursuer/respondent: Anna Marie Bowes; Pursuer/respondent: David Ewan Bowes; Pursuer/respondent: Jemma Louise Illingworth; Pursuer/respondent: Anne Scott; Pursuer/respondent: June Bowes; Pursuer/respondent: Brian Bowes; Pursuer/respondent: Deborah Bowes; Pursuer/respondent: Christine Grant; Defender/reclaimer: Highland Council
Jurisdiction
Scotland
Judgment Date
05 June 2018
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Court of Session, Decision
Outcome
Reclaiming motion refused; Lord Ordinary's decision affirmed.
Legal Topics
Duty of Care, Standard of Care, Hazard Identification, Contributory Negligence, Budgetary Constraints, Interim Safety Measures, Risk Assessment
Tort Public Authority Liability Road Traffic Negligence Duty of Care Standard of Care Hazard Identification Contributory Negligence +3 more

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Parties

Anna Marie Bowes

Pursuer/respondent

David Ewan Bowes

Pursuer/respondent

Jemma Louise Illingworth

Pursuer/respondent

Anne Scott

Pursuer/respondent

June Bowes

Pursuer/respondent

Brian Bowes

Pursuer/respondent

Deborah Bowes

Pursuer/respondent

Christine Grant

Pursuer/respondent

Highland Council

Defender/reclaimer

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Court of Session, Decision

Legal Issues

  1. 1 Did Highland Council breach its duty of care by failing to implement interim safety measures for a defective bridge parapet?
  2. 2 Was the defective parapet a hazard to careful road users?
  3. 3 Was the correct standard of care applied?

Ratio Decidendi

Highland Council breached its duty of care by failing to monitor and implement interim safety measures for a known defective parapet, which posed a significant hazard to road users. The standard of care was ordinary reasonable care, not professional negligence. Budgetary constraints did not excuse the breach. The defective parapet was the proximate cause of death, and no contributory negligence was established.

Court Disposition

Reclaiming motion refused; Lord Ordinary's decision affirmed.

Orders

  • Highland Council held wholly liable for death resulting from defective parapet.
  • No reduction for contributory negligence.