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Occupiers' Liability

Occupiers' Liability cases and legal advice for claiming compensation due to the fault or negligence of the occupier in the UK.

Eric Glennie v University Court of the University of Aberdeen, [2013] CSOH 71, 10 May 2013

Proof: Occupiers Liability (Scotland) Act 1960: slip on tennis court. The pursuer brought an action for damages for injuries sustained when he fell on astroturf tennis courts owned and occupied by the defenders. The pursuer claimed that there was green moss on the surface of the court and on the vi......

Fiona Brown v East Lothian Council [2013] CSOH 62, 26 April 2013

Procedure Roll: Relevancy and specification of an action for damages for personal injuries sustained when a self-employed fitness instructer fell whilst taking a fitness class. The pursuer averred that she ordinaraly used a gymnasium to take her class. On the occasion, the usual gymnasium was booke......

John Dawson v Ruth Page [2013] CSIH 24, 3 April 2013

Reclaiming Motion: Inner House: the pursuer reclaimed against the decision of the Lord Ordinary at proof absolving the defenders of liability under the Occupiers Liability (Scotland) Act 1960. The pursuer, a DHL delivery man, had slipped on a plank of wood when delivering a parcel to the defender&#......

John Dawson v. Ruth Page, [2012] CSOH 33, 29 February 2012

Outer House case considering a claim for damages under the Occupiers Liability (Scotland) Act 1960. Mr Dawson worked as a self employed courier and was delivering a package to Ms Page's cottage. Building works were taking place at the cottage and the surroundings resembled a building site. A......

Lisa Wardle v. Scottish Borders Council, Sheriff Principal Edward F Bowen QC, Edinburgh Sheriff Court, 31st January 2011

The pursuer (and appellant) was a nine year old girl who climbed into the rafters of a shelter in the playground of her primary school where she fell and injured her wrist. The defenders (and respondents) were the local authority whom the pursuer sued for breach of s.2(1) of the Occupiers Liability......

Michael Leonard v The Loch Lomond and the Trossachs National Park Authority, 25 February 2014

This is Outer House case in which Mr Leonard sought damages from the Loch Lomond and the Trossachs National Park Authority after falling and injuring himself while descending a path forming part of the West Highland Way at Balmaha. Arguments Mr Leonard (who had been 12 at the time of the acci......

Moira Brown v. Lakeland Ltd, [2012] CSOH 105, 15 June 2012

Outer House case concerning an alleged breach of duty under the Occupiers' Liability (Scotland) Act 1960 at Lakeland's store on Hanover Street in Edinburgh. Miss Brown argued that a two-fold failure by Lakeland to install a handrail and to signpost an existing alternative exit on George Street ......