Clegg v. North Ayrshire Council [2002] ScotCS 127 (7th May, 2002)

Clegg v. North Ayrshire Council [2002] ScotCS 127 (7th May, 2002)

The ramp's worn surface and excessive gradient rendered it hazardous, and the defenders failed to take reasonable care or comply with statutory duties. The pursuer's injury was caused by these breaches, establishing liability at both common law and under the 1992 Regulations.

Citation
[2002] ScotCS 127
Parties
Pursuer: Anne Ormond Clegg; Defender: North Ayrshire Council
Jurisdiction
Scotland
Procedural Posture
Personal Injury / Judgment After Proof
Outcome
judgment for pursuer
Legal Topics
Employer's Liability, Workplace Safety, Statutory Duty, Common Law Negligence
Employment Law Personal Injury Health and Safety Employer's Liability Workplace Safety Statutory Duty Common Law Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Anne Ormond Clegg

Pursuer

North Ayrshire Council

Defender

Procedural Posture

Personal Injury / Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer's injury was caused by the defenders' fault and/or breach of statutory duty
  2. 2 Whether the ramp was in a dangerous condition due to wear and excessive gradient
  3. 3 Whether the defenders failed to take reasonable care for the safety of employees

Ratio Decidendi

The ramp's worn surface and excessive gradient rendered it hazardous, and the defenders failed to take reasonable care or comply with statutory duties. The pursuer's injury was caused by these breaches, establishing liability at both common law and under the 1992 Regulations.

Court Disposition

judgment for pursuer

Orders

  • Defenders' first to fifth pleas-in-law repelled
  • Pursuer's first plea-in-law sustained