Thomas Ruddy v. Monte Marco and Others [2008] CSIH 47

Reclaiming motion:- On 7 March 2008 the Lord Ordinary granted decree against the first defender for payment of a sum of damages to the pursuer following proof in respect of a claim for personal injuries. The second defenders were assoilzied. It is against that interlocutor the first defender reclaimed. The question raised by the first defender here was whether the attribution by the Lord Ordinary of personal liability to the first defender as being the employer of the pursuer in relation to the work in question was correct. It was submitted on behalf of the first defender that the proper inference to draw from the evidence at proof was that the pursuer's contract of employment was with the second defenders and that the first defender was not the individual employer with individual responsibility for the premises. It was submitted on behalf of the respondent that the Lord Ordinary was entitled to come to the conclusion which he reached. Here the court considered whether the Lord Ordinary, having heard the evidence, in particular the first defender's evidence, reached the correct decision.