Connor v Secretary Of State [1999] ScotCS 301 (16 December 1999)

Connor v Secretary Of State [1999] ScotCS 301 (16 December 1999)

The Labour Allocation Board was not negligent in allocating Peter Carr to the same work party as Francis Carr, as the evidence did not establish that no reasonable Board could have made that decision. However, the prison authorities breached their duty by failing to inform the pursuer of the presence of both Carr brothers in the same work party, which was reasonably foreseeable to increase the risk of assault. This failure caused the pursuer's injuries.

Citation
[1999] ScotCS 301
Parties
Pursuer: Andrew Connor; Defender: Secretary of State for Scotland
Jurisdiction
Scotland
Judgment Date
16 December 1999
Procedural Posture
Personal Injury Action / Judgment
Outcome
Pursuer succeeds on second ground; damages awarded.
Legal Topics
Employer Liability, Negligence, Duty of Care, Prison Management, Allocation of Prisoners
Employment Law Personal Injury Public Law Employer Liability Negligence Duty of Care Prison Management Allocation of Prisoners

Case Brief

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Parties

Andrew Connor

Pursuer

Secretary of State for Scotland

Defender

Procedural Posture

Personal Injury Action / Judgment

Legal Issues

  1. 1 Whether the Labour Allocation Board was negligent in allocating two brothers with a history of violence to the same work party
  2. 2 Whether the prison authorities owed a duty to inform staff of the presence of high-risk prisoners working together

Ratio Decidendi

The Labour Allocation Board was not negligent in allocating Peter Carr to the same work party as Francis Carr, as the evidence did not establish that no reasonable Board could have made that decision. However, the prison authorities breached their duty by failing to inform the pursuer of the presence of both Carr brothers in the same work party, which was reasonably foreseeable to increase the risk of assault. This failure caused the pursuer's injuries.

Court Disposition

Pursuer succeeds on second ground; damages awarded.

Orders

  • Award of solatium £15,000, with interest at 4% per annum on £11,250 from 10 October 1994 to date of decree.