Lc Against City Of Edinburgh Council
| Jurisdiction | Scotland |
| Judge | Sheriff K.E.C. Mackie |
| Neutral Citation | [2017] SC EDIN 84 |
| Court | Sheriff Personal Injury Court (Scotland - United Kingdom) |
| Docket Number | PN2519/16 |
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
IN THE ALL-SCOTLAND SHERIFF COURT
[2017] SC EDIN 84
PN2519/16
JUDGMENT OF SHERIFF KATHRINE EC MACKIE
In the cause
L C
Pursuer
Against
CITY OF EDINBURGH COUNCIL
A local authority having its headquarters at City Chambers, High Street,
Edinburgh, EH1 1YJ
Defender
Act: Macmillan, instructed by Thompsons, Solicitors, Edinburgh
Alt: McConnell, instructed by Ledingham Chalmers, Solicitors, Edinburgh
Edinburgh, 1 December 2017
The Sheriff having resumed consideration of the cause finds the following facts admitted or
proved:-
[1] The parties are as designed in the instance. The pursuer is aged 43 years. She is a
full time student at the University of Strathclyde, Glasgow undertaking a Post Graduate
Diploma in Education. She is a single parent with a non-dependent child and a daughter, F,
aged 10 years.
[2] At about 8.40am on 5 December 2013 the pursuer, along with her daughter, F,
entered the playground at South Morningside Primary School, Comiston Road, Edinburgh
(the school). F was a pupil at the school. As they walked across the playground towards the
entrance to her daughter’s classroom a large sign, affixed to a backing board which in turn
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was attached to an external wall near to the entrance, became detached from the board
whereby the sign was blown over F’s head and struck the pursuer on the forehead causing
injury.
[3] Number 5/3/9 of process is a report by Dr Richard J Wild, Forensic Meteorologist.
On 5 December 2013 at about 8.40am the weather in Edinburgh was very windy. The
strongest gusts occurred between 8 – 9am with gusts in the region of 80 – 82 mph. The
return period of this wind speed across the incident area is about 1 in 9 months to 1 year.
On 5 December 2013 sunrise was at 08.26. From early morning until dawn, being sunrise,
winds were south westerly or west south westerly, fresh to strong in strength measuring 5 –
6 on the Beaufort Scale. Wind speed is measured at 10 metres above ground in an open level
situation. A gust is a rapid but momentary increase in the speed of the wind. Beaufort
Forces do not apply to gusts of wind. Beaufort Scale 5 – 6 anticipates small trees in leaf
begin to sway, crested wavelets form on water, large branches in motion and whistling
heard in telegraph wires.
[4] The sign, which was one of about two or three erected in the playground, was made
of heavy plastic which was inserted into a metal frame. The frame, which measured about
2m x 1m, was attached to a 10mm thick plywood board by about 16 screws, each about
20mm long, through pre-formed holes in the edge of the frame. The board was attached to
the external wall of the school about 0.5m above the ground. Five strips of double sided
tape were applied to the back of the sign.
[5] Prior to the accident a parent of a pupil attending the school, who had been involved
in an accident there, expressed to the Head Teacher concern about health and safety issues
in the playground, particularly in relation to slipping and tripping hazards. She requested a
copy of the school’s health and safety procedures. None was received.
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[6] Immediately prior to the accident the top right corner of the sign was seen by the
pursuer and other parents to be flapping in the wind away from its fixing to the wall. One
parent observed a screw or screws missing from the corner and evidence of rust around
them. Another parent reported to the school Janitor, Mr Nicholson, in his office, near to the
front entrance to the school, that the sign was a potential hazard. Before he could take any
action the accident occurred.
[7] After the accident Mr Nicholson collected the sign and screws from the playground.
Some of the screws were rusted thin. He inspected the board and found it to be soaking wet
with signs of water damage.
[8] Mr Nicholson stored the sign and such screws as he had recovered in a cupboard
within the school. The sign and screws are missing and are not now available. They were
not available for inspection and examination on behalf of the pursuer.
[9] The defenders had occupation and control of the school and playground in terms of
section 1 of the Occupiers’ Liability (Scotland) Act 1960. They were vicariously liable for the
acts and omissions of the Janitor and other employees there.
[10] The sign was erected in 2003 by Apex Signs, 4a West Telferton Industrial Estate,
Portobello, Edinburgh. The company was approved under the defenders’ procurement
system. Immediately following the accident Apex Signs were requested by the school to
inspect the sign and other signs remaining in the playground. After they had done so they
reported, by letter, their findings and recommendations to the school. The letter was
forwarded by the school to the defenders’ health and safety adviser. The letter was not
produced.
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