Robb v. Salamis (M & I) Ltd (Scotland)

The pursuer raised an action in the Sheriff Court at Aberdeen in which he claimed damages against his employers for personal injuries suffered on 6 September 1999 while he was working offshore on a semi-submersible production platform. His sole case of fault was that the accident was caused by his employers' breach of regulations 4 and 20 of the Provision and Use of Work Equipment Regulations 1998 (SI 1998/2306) ("the Work Equipment Regulations").

On 16 October 2003 the sheriff (D J Cusine) held that his employers were not in breach of either of those regulations and that in any event the accident was caused wholly by the pursuer's own fault. The pursuer appealed to the Inner House of the Court of Session against the sheriff's interlocutor. On 16 March 2005 an Extra Division (Lord Penrose, Lady Cosgrove and Lord Reed) altered the sheriff's finding of contributory negligence by finding that the pursuer was 50% to blame for the accident but otherwise refused the appeal: 2005 SLT 523, [2005] ScotCS CSIH_28. The appellant now appeals to your Lordships' House under section 32(5) of the Court of Session Act 1988, which states that the judgment of the Court of Session on any appeal from the judgment of the sheriff shall be appealable to the House of Lords only on matters of law.

There are two questions of law before your Lordships. The first is whether the pursuer has established that the defenders were in breach of their statutory duty. The answer to this question is to found by construing the regulations and then applying them, according to their proper construction, to the facts. The second is whether the sheriff had a sound basis in law for finding that the accident was caused to any extent by the fault of the pursuer.

The facts

At the time of the accident the platform was stationary in the Moray Firth about five miles offshore from Burghead. It was being fitted out in preparation for onward transit to the Buchan Field, where it was normally used for extracting oil and gas from beneath the North Sea. The pursuer's employers had contracted to supply scaffolding services to its owners while the platform was being fitted out, and he was working on board the platform as a scaffolder. The accident happened while he was in the accommodation that was provided for men working on the platform. It was equipped with two-tier bunks and with suspended ladders held in position by retaining bars which provided access to the top bunks. He had been sleeping on one of the top bunks. He attempted to descend from the top bunk using the suspended access ladder. The ladder was not properly engaged within the retaining bars. Both he and the ladder fell to the floor and he was injured.

The sheriff's findings of fact describe the situation in a little more detail. The ladders which provided access to the top bunks were situated at the foot of each bunk. Although he did…

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