Haddow v. Glasgow City Council [2005] ScotCS CSOH_157 (23 November 2005)

Haddow v. Glasgow City Council [2005] ScotCS CSOH_157 (23 November 2005)

It was not proved that the defenders failed to provide suitable safety footwear or that the risk of slipping was not adequately controlled by the pursuer's own boots. The duty under regulation 4(1) did not arise, and there was no breach of statutory duty. There was also no causal link established between the...

Source-derived case information.

Citation
[2005] ScotCS CSOH_157
Parties
Pursuer: Margaret Ann Haddow; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
23 November 2005
Procedural Posture
Personal Injury Claim / Judgment After Proof
Outcome
decree of absolvitor granted
Legal Topics
Employer's Duty of Care, Personal Protective Equipment, Causation, Damages
Employment Law Personal Injury Health and Safety Employer's Duty of Care Personal Protective Equipment Causation Damages

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Parties

Margaret Ann Haddow

Pursuer

Glasgow City Council

Defender

Procedural Posture

Personal Injury Claim / Judgment After Proof

Legal Issues

  1. 1 Did the defenders breach their statutory duty under the Personal Protective Equipment at Work Regulations 1992?
  2. 2 Was the pursuer provided with suitable safety footwear?
  3. 3 Was the risk of slipping adequately controlled by other means?

Ratio Decidendi

It was not proved that the defenders failed to provide suitable safety footwear or that the risk of slipping was not adequately controlled by the pursuer's own boots. The duty under regulation 4(1) did not arise, and there was no breach of statutory duty. There was also no causal link established between the accident and the pursuer's depressive disorder.

Court Disposition

decree of absolvitor granted

Orders

  • Defenders absolved from liability
  • No damages awarded to pursuer