Lacramioara Popa and others against XDP Limited
| Jurisdiction | Scotland |
| Judge | Lord Uist |
| Judgment Date | 18 December 2025 |
| Neutral Citation | [2025] CSOH 119 |
| Docket Number | PD348/24 |
| Published date | 18 December 2025 |
| Court | Court of Session |
| Date | 18 December 2025 |
OUTER HOUSE, COURT OF SESSION
[2025] CSOH 119
PD348/24
OPINION OF LORD UIST
In the cause
LACRAMIOARA POPA AND OTHERS
Pursuers
against
XDP LIMITED
Defenders
Pursuers: Ronald Conway, sol-adv; Conway Accident Law Practice
Defenders: Murray KC; Clyde & Co (Scotland) LLP
18 December 2025
Introduction
[1] The late Bogdan-George Popa (“Mr Popa”) was born in Romania on 18 August 1989
and died in a tragic road traffic accident on the M74 northbound carriageway approximately
1.5 miles north of Junction 11 Lesmahagow, South Lanarkshire on 29 January 2022. He was
a Romanian national until his death. The first pursuer is his wife, to whom he was married
in Romania on 8 October 2010. They, along with their son, the second pursuer, who was
born in Romania on 16 October 2009, moved from Romania to an address in Liverpool in
December 2019. The third and fourth pursuers are the parents of Mr Popa. They are
Romanian nationals and live in Romania. This action is brought against XDP Limited
2
(“XDP”), his employers at the time of his death, based on their alleged negligence in causing
or substantially contributing to the accident.
[2] Mr Popa obtained a Romanian driving licence on 15 May 2008 and the Romanian
equivalent to the CPC, a professional HGV driver’s qualification, on 31 January 2017. He
began working as an agency worker for the defenders in about December 2019. The
defenders are a private limited company which was incorporated on 3 February with a
registered office at Tamworth in Staffordshire. On 27 January 1999 their registered office
was changed to Curdworth House, Kingsbury Road, Curdworth, Sutton Coldfield, which
remained their registered office on 29 January 2022. They are a transport and logistics
company with a fleet of vans and lorries. On 29 January 2022 they had a place of business at
Gillibrands Road, Skelmersdale, Lancashire (“the Skelmersdale depot”) and a delivery depot
at Unit 1, Biggar Road Industrial Estate, Biggar Road, Cleland, Motherwell (“the Cleland
depot”). XDP wrote to Mr Popa offering him a contract of employment and specifying that
his usual place of work was the Skelmersdale depot. His wage slips also recorded his place
of employment as the Skelmersdale depot. His contract of employment stated that he would
be based at the Skelmersdale depot and required to work at various locations as directed by
the company to meet the needs of the business. His contract of employment, his new starter
form and his HMRC form all recorded his home address in Liverpool. On 11 October 2021
he completed his Atlas training and Fire Marshall training in Cheshire. On 27 October 2021
XDP wrote to Mr Popa at his home address to acknowledge his successful completion of his
probationary period of employment. In the course of his employment with XDP he drove
heavy goods vehicles from the Skelmersdale depot to the Cleland depot and then made the
return journey. He worked Tuesday to Saturday from 4.00am each day and not drive other
routes.
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