Rule v Hazelhaw Properties Ltd (Scottish Power UK plc, third party)

Civil procedure – Personal injury – Occupier's liability – Relevancy and specification of averments. Sheriff Court: In an action in which the pursuer sought damages in respect of a workplace accident to his wife who was injured, and subsequently died, when a metal plate covering a trench in a service yard tipped, causing her to fall, and in which the defender averred that the third party to the action enjoyed access rights in relation to the service yard, was an occupier of the premises, and that 'the situation of the offending plate' arose from its acts or omissions, the court rejected the third party's criticisms of the defender's pleadings, in so far as directed against it, as irrelevant and lacking in specification, and allowed a proof before answer.

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