Sj As Guardian Of L Against Cala Management Limited
| Jurisdiction | Scotland |
| Judge | Sheriff K.J. McGowan |
| Neutral Citation | [2019] SC EDIN 46 |
| Court | Sheriff Personal Injury Court (Scotland - United Kingdom) |
| Docket Number | PIC-PN1223-18 |
SHERIFFDOM OF LOTHIAN AND BORDERS AT EDINBURGH
IN THE ALL-SCOTLAND SHERIFF PERSONAL INJURY COURT
[2019] SC EDIN 46
PIC-PN1223-18
JUDGMENT OF SHERIFF KENNETH J MCGOWAN
in the cause
SJ AS GUARDIAN OF L
Pursuer
against
CALA MANAGEMENT LTD
Defender
Pursuer: M Crawford; Thompsons
Defender: A Crawford; Clyde & Co
Edinburgh, 23 May 2105
NOTE
Introduction
[1] In April 2017, the pursuer’s daughter L was injured when she fell on exiting a play
park, suffering unpleasant and, no doubt, painful cuts to her knee. In this case, the pursuer
seeks damages on her behalf for those injuries.
[2] I heard evidence from the pursuer; his mother, CC; LF, a neighbour of CC; LJ, L’s
aunt; Colin Griffin, a company director; and Steven Christie, a landscape gardener.
[3] I was referred to or considered the following authorities/sources:
a. Anderson v Imrie and Imrie 2016 CSOH 171;
b. Caparo Industries Plc v Dickman [1990] 2 A.C. 605;
c. Donoghue v Stevenson 1932 SC (HL) 31;
2
d. Feely v Co-operative Wholesale Society 1990 SLT 547;
e. Hughes v Lord Advocate 1963 SC (HL) 31;
f. Johnson v Rea Ltd [1962] 1QB, 373;
g. Jolley v Sutton LBC (2000) 1 WLR 1082;
h. Stair Memorial Encyclopaedia, volume 15, paragraph 319.
[4] Having heard the evidence and submissions, I made the following findings in fact.
Findings in fact
[5] The defender carries on business as a housebuilder. In about 2008, the defender
acquired land in the area of [redacted], near Larbert. The land was destined to become a
series of housing developments, carried out sequentially in a number of different areas.
[6] The first area to be developed was immediately to the north of [street name]. Other
areas further north were developed later on.
[7] The first area to be developed comprised 170 plots on which houses were to be built,
with certain common areas (“the development”): plan appended to number 6/14 of process.
[8] One of the common areas was located in the centre of the houses which were to form
[street name] (“the open area”) which is roughly triangular in shape. Within the open area
was to be a children’s play park (“the play park”): number 5/5/35 of process.
[9] As the development proceeded, the defender sold off the houses. The proprietors of
each house had disponed to them the plot they had selected; the house erected thereon; and
a 1/76th pro indiviso share of the common areas, including the open area.
[10] CC and her husband purchased Plot [redacted], which was to become [address] and
a disposition was granted in their favour: number 6/14 of process. They and their immediate
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