SMIB November 2011
HELLO
The eight cases in this issue of SMIB cover a wide range of
situations and legal questions. In Grimes v Hawkins, youthful
high-jinks while parents were absent led to a tragic accident.While
anyone would feel great sympathy for the injured person, the
question for the court was whether the parents should have done
anything to prevent the accident occurring in their absence.
We also look at the recent judgement in Elizabeth Wolff &
Others v John Moulds (Kilmarnock) Ltd & Weir Construction Ltd.
This provides clarification of the value of bereavement awards in
Scotland under the Damages (Scotland) Act 1976.
Those experienced in personal injuries litigation might also
recognise some elements of Hodgkinson v Renfrewshire Council, in
which a woman who had been hit in the face while opening a gate
claimed that her employer had breached no less than four health
& safety regulations.The council contended that she had merely
stood too close to the gate while opening it.Turn to the back cover
to find out where the court stood on this question.
We're always keen to hear your views about SMIB. If you have any
comments or suggestions, please contact me at gavin.henderson@simpmar.com
or 0131 525 8587.
Enjoy this issue.
Gavin Henderson