TOMMY LEE CRUICKSHANKS AGAINST GLASGOW CITY COUNCIL [2024] ScotCS CSOH_35 (26 March 2024)

TOMMY LEE CRUICKSHANKS AGAINST GLASGOW CITY COUNCIL [2024] ScotCS CSOH_35 (26 March 2024)

The court declined to dismiss the action at debate, holding that the factual uncertainties regarding the nature and terms of the kinship placement, the defenders' statutory obligations, and the roles of Agnes Kerr and Kayleigh Kerr require proof before answer. The pleadings are not inevitably bound to fail in law, and the scope of duty, vicarious liability, and causation issues must be determined after evidence is led.

Citation
[2024] ScotCS CSOH_35
Parties
Pursuer: Tommy Lee Cruickshanks; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
26 March 2024
Procedural Posture
Personal Injury / Damages / Debate on Relevancy; Interlocutor for Proof Before Answer
Outcome
Proof before answer allowed on the whole pleadings; action not dismissed.
Legal Topics
Vicarious Liability, Duty of Care, Kinship Care, Negligence, Statutory Obligations, Scope of Duty, Novus Actus Interveniens
Tort Child Welfare Public Authority Liability Vicarious Liability Duty of Care Kinship Care Negligence Statutory Obligations +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Tommy Lee Cruickshanks

Pursuer

Glasgow City Council

Defender

Procedural Posture

Personal Injury / Damages / Debate on Relevancy; Interlocutor for Proof Before Answer

Legal Issues

  1. 1 Whether Glasgow City Council is vicariously liable for acts/omissions of kinship carers Agnes Kerr and Kayleigh Kerr
  2. 2 Whether Glasgow City Council is directly liable for negligent placement and assessment of kinship care
  3. 3 Scope of duty of care owed by local authority to looked-after child

Ratio Decidendi

The court declined to dismiss the action at debate, holding that the factual uncertainties regarding the nature and terms of the kinship placement, the defenders' statutory obligations, and the roles of Agnes Kerr and Kayleigh Kerr require proof before answer. The pleadings are not inevitably bound to fail in law, and the scope of duty, vicarious liability, and causation issues must be determined after evidence is led.

Court Disposition

Proof before answer allowed on the whole pleadings; action not dismissed.

Orders

  • Proof before answer on all pleadings as amended
  • Dates for proof previously reserved