Case Report: 1999 S.C.L.R. 512

The facts: This case considers restrictions on club members suing one another. A member of a golf club was injured when a golf ball rebounded off a stone and hit her in the eye. The pursuer sued firstly, the greenkeeper (who was also a member of the club); secondly the green committee; and thirdly, the office-bearers of the club as representing the club. She sued the greenkeeper on the basis that he had failed in his duty to take reasonable care to inspect the relevant area every two weeks. She sued the green committee on the basis that they had failed in their duty to take reasonable care to inspect the relevant area every two months. She sued both the green committee and the office bearers as representing the club as occupiers in terms of the Occupiers Liability (Scotland) Act 1960 and as being vicariously liable for the negligence of their employee, the greenkeeper.

Decision: Sheriff Kelbie said that the claimant could not sue the golf club because, as a member, she was jointly responsible with all other members for the golf club’s debts, and it would be tantamount to suing oneself. She could not sue other members (as such) for similar reasons. However, he considered that there might be a case against the greenkeeper, which would require a full hearing of the evidence.

See also: Welsh v Brady, Part 4.4 above.

Powered by BetterDocs