[2016] UKSC 38
UKSC 2015/0061
Campbell (Appellant) v Gordon (Respondent) (Scotland)
On appeal from the Inner House of the Court of Session
Mr Campbell was employed by Peter Gordon Joiners Ltd (the Company), as an apprentice joiner. Mr Gordon was the sole director of the Company. Mr Campbell suffered an injury while working with an electric circular saw. He claims that the saw was unguarded and that he had not been trained by his employers in its use. The Company had an employers’ liability insurance policy in place but it excluded claims arising from the use of electric woodworking machinery, such as the electric circular saw. In 2009, the Company went into voluntary liquidation. Had Mr Campbell’s claim fell within the employers’ liability insurance policy, he would have had certain statutory rights against the relevant insurer.
Before the Lord Ordinary, Mr Campbell maintained that Mr Gordon, as director of the Company, did owe a duty under section 5 the Employers’ Liability (Compulsory Insurance) Act 1969 to obtain and maintain effective insurance against the type of risk which resulted in Mr Campbell’s injury. Mr Campbell contended that Mr Gordon was in breach of that statutory duty and, as a result, was liable for the losses suffered by Mr Campbell as a result of his accident. The Lord Ordinary held that Mr Gordon did owe such a duty. On appeal by a Reclaiming Motion, a majority of the Extra Division allowed the Reclaiming Motion and dismissed the action insofar as directed against Mr Gordon. Mr Campbell appeals against that interlocutor.
The Supreme Court dismisses Mr Campbell’s appeal by a majority of three to two.
