A Tale of Two Absolvitors

Two recent cases demonstrate that for defenders there is more than one route to success. In Ian Pocock v The Highland Council 2017 CSOH 40 the Pursuer sought damages for an injury to his knee after tripping on a raised paving slab on Baron Taylor Street in the centre of Inverness.  He alleged a breach on the part of the Defenders of their common law duty to take reasonable care for the safety of pedestrians.  The breach was averred to … Continued