INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF IAN DIVERS [2013] ScotSC 84 (25 September 2013)

INQUIRY UNDER THE FATAL ACCIDENTS AND INQUIRIES (SCOTLAND) ACT 1976 INTO THE SUDDEN DEATH OF IAN DIVERS [2013] ScotSC 84 (25 September 2013)

On the balance of probabilities, Mr Divers was not working as a self-employed car mechanic at the time of his death, but was instead carrying out work on his own or his family's vehicle; therefore, section 1 of the Act did not apply, but determinations under section 6 were made as required.

Citation
[2013] ScotSC 84
Parties
Applicant: The Procurator Fiscal; Subject: Ian Divers (deceased)
Jurisdiction
Scotland
Judgment Date
25 September 2013
Procedural Posture
Fatal Accident Inquiry / Determination After Formal Hearing
Outcome
Determination issued under section 6; no finding of death in course of occupation.
Legal Topics
Fatal Accident Inquiry, Workplace Fatality, Employment Status, Section 1 and 6 Fatal Accidents and Sudden Deaths Inquiry (scotland) Act 1976
Coronial Law Health and Safety Law Fatal Accident Inquiry Workplace Fatality Employment Status Section 1 and 6 Fatal Accidents and Sudden Deaths Inquiry (scotland) Act 1976

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Parties

The Procurator Fiscal

Applicant

Ian Divers (deceased)

Subject

Procedural Posture

Fatal Accident Inquiry / Determination After Formal Hearing

Legal Issues

  1. 1 Whether the deceased was engaged in his occupation as a self-employed person at the time of death
  2. 2 Whether an inquiry was required under section 1 of the Act
  3. 3 Circumstances and cause of death

Ratio Decidendi

On the balance of probabilities, Mr Divers was not working as a self-employed car mechanic at the time of his death, but was instead carrying out work on his own or his family's vehicle; therefore, section 1 of the Act did not apply, but determinations under section 6 were made as required.

Court Disposition

Determination issued under section 6; no finding of death in course of occupation.

Orders

  • Death occurred between 1300 and 1401 hours on 23 August 2012 at Unit 3, East Philpstoun Farm, Philpstoun, West Lothian.
  • Cause of death was compression of the chest due to the weight of a car.