Fiona Elsie Burnett Or Grant Against (first) Jonas Marcius Aka Jonas Melnikovas; (second) Prospect Security Limited (in Liq); (third) Blu Inns Limited; And (fourth) International Insurance Company Of Hanover Limited
| Jurisdiction | Scotland |
| Judge | Lord Uist |
| Neutral Citation | [2018] CSOH 34 |
| Docket Number | PD4/16 |
| Date | 05 April 2018 |
| Court | Court of Session |
| Published date | 05 April 2018 |
OUTER HOUSE, COURT OF SESSION
[2018] CSOH 34
PD4/16
OPINION OF LORD UIST
In the cause
MRS FIONA ELSIE BURNETT or GRANT
Pursuer
against
(FIRST) JONAS MARCIUS aka JONAS MELNIKOVAS;
(SECOND) PROSPECT SECURITY LIMITED (In Liquidation);
(THIRD) BLU INNS LIMITED; and
(FOURTH) INTERNATIONAL INSURANCE COMPANY OF HANOVER LIMITED
Defenders
Pursuer: Milligan QC, Hastie; Lefevre Litigation
Fourth Defenders: Sheldon QC, Clelland; Clyde & Co
5 April 2018
Introduction
[1] The late Craig Simpson Grant (“the deceased”) was born on 6 October 1986 and died
on 9 August 2013. The pursuer is his widow. She was born on 7 December 1986. At the
material time the first defender was employed as a door steward at the Tonik Bar, Langstane
Place, Aberdeen by the second defenders. They are now in liquidation and have not entered
appearance in this action. The third defenders were at the material time the tenants,
occupiers and operators of the Tonik Bar. The action has been abandoned in so far as
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directed against them. The fourth defenders were at the material time the public liability
insurers of the second defenders, who are relevant persons for the purpose of the Third
Party (Rights against Insurers) Act 2010 (“the 2010 Act”). In this action the pursuer seeks to
enforce the second defenders’ rights under the policy against the fourth defenders.
The death of the deceased
[2] The pursuer avers that the deceased entered the Tonik Bar alone in the late hours of
8 August 2013. He purchased a drink, sat at a table near the DJ area and fell asleep. He was
awakened by a door steward who escorted him to the main exit doors. The deceased offered
no resistance. A second steward followed the deceased and the first steward. Once the
deceased was outside the main exit doors and in Langstane Place the two stewards
remained at the door. The deceased, who was unsteady on his feet, walked back to the doors
and made two underhand swiping motions towards the stewards. The first swipe was
deflected by a steward by the name of Hauley, who at the second swipe struck out towards
the deceased’s head. The other steward, the first defender, then grabbed the deceased
around the neck from behind, spun him around, put him to the ground and pinned him to
the ground on his front, while continuing to hold him around the neck. The first defender,
Hauley and a third steward (Morely), all of whom were acting in the course of their
employment with the second defenders, continued to hold the deceased on the ground.
Hauley held the deceased’s arms behind his back, the third steward held the deceased by his
legs and the first defender continued to hold the deceased around the neck for about three
minutes. When the first defender released his hold the deceased remained motionless on the
ground and was pronounced dead at the scene shortly thereafter.
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1 cases
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Burnett or Grant v International Insurance Company of Hanover Ltd
...on 5 April 2018, the Lord Ordinary held that the fourth defender was bound to indemnify the second defender and granted declarator ([2018] CSOH 34). The fourth defender reclaimed. The cause called before the First Division (the Lord President (Carloway), Lord Brodie and Lord Drummond Young)......