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Scotland Case Law

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Employment law [2013] ScotSC 44

SANDY HARROWER v. CLACKMANNANSHIRE COUNCIL

SANDY HARROWER v. CLACKMANNANSHIRE COUNCIL [2013] ScotSC 44 (26 June 2013)

A sheriff court held that a council was not liable after a painter fell on external stairs while spraying a house wall; no reasonably practicable guardrail was required.

  • Work at height
  • Employer's duty of care
  • Reasonable practicability
  • Risk assessment
  • Regulation 6(3) work at height regulations 2005
  • Work-at-height
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Health and safety law [2013] ScotCS CSOH_22

Cairns v Northern Light House and Calypso Marine

Cairns v Northern Light House and Calypso Marine [2013] ScotCS CSOH_22 (07 February 2013)

The Court of Session held that both defenders were liable for a back injury suffered in a rigid inflatable boat trip to Isle of May Lighthouse.

  • Employer's liability
  • Strict liability
  • Statutory duty
  • Civil liability under health and safety regulations
  • Adequacy of safety briefing
  • Reasonable practicability
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Criminal law [2000] ScotHC 102

WILLIAM AND MARGARET ADAMSON t/a JOHN ADAMSON & SONS v. PROCURATOR FISCAL, LANARK

WILLIAM AND MARGARET ADAMSON t/a JOHN ADAMSON & SONS v. PROCURATOR FISCAL, LANARK [2000] ScotHC 102 (31st October, 2000)

The appellants failed to take reasonably practicable steps to secure the bull, exposing non-employees to risk, and the evidence supported the findings of fact and conviction under the Health and Safety at Work Act 1974, s.3(2).

  • Employer liability
  • Duty to non-employees
  • Absolute liability
  • Reasonable practicability
  • Dangerous animals
  • Workplace safety
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Scotland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.