Jackson loses damages claim
4 Nov 04
Leading QC's action against council for fall on icy pavement dismissed
Gordon Jackson QC has failed in his £50,000 damages claim against Edinburgh City Council, raised after he slipped on a icy pavement and injured his shoulder.
The Labour MSP for Glasgow Govan contended that the roadway, but not the pavement, had been gritted the day before he fell in December 1999, and that the council, which had resources available to do so, were at fault in not treating the pavement until after his fall.
However Temporary Judge Gordon Reid QC at the Court of Session ruled that Jackson, who is one of Scotland's highest earning lawyers, had no case against the local authority.
He said that the real reason why the pavement had not been gritted sooner was the council's policy of giving priority to some areas over others, and as Mr Jackson did not challenge that policy, his case was irrelevant. There was no basis for singling out the place where he fell as one of particular danger.
A spokesperson for the council said: "We are very pleased to have successfully defended our position in this case. Every accident is unfortunate and the council does its utmost to ensure that the best possible conditions are maintained for pedestrians at all times.
"However, it is also incumbent on pedestrians and road users in adverse weather conditions to exercise due care and to appreciate that the council’s resources for providing emergency roads services to cope with every single eventuality are not unlimited."