Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v. BP Oil Refinery Grangemouth Refinery Ltd [2006] ScotCS CSOH_103 (15 July 2005)
URL: http://www.bailii.org/scot/cases/ScotCS/2006/CSOH_103.html
Cite as: [2006] CSOH 103, [2006] ScotCS CSOH_103

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OUTER HOUSE, COURT OF SESSION

[2006] CSOH 103

PD853/04

NOTE BY LORD DAWSON

in the cause

DONALD SMITH

Pursuer and Respondent;

against

BP OIL REFINERY GRANGEMOUTH REFINERY LIMITED

Defenders and Reclaimers:

________________

Pursuers & Respondents: Carmichael; Thompsons

Defenders & Reclaimers: Gardiner; HBM Sayers

15 July 2005

[1] The pursuer in this case originally sought £70,000 in damages from the defenders in respect of the latter's negligence in causing him to become prematurely deaf in the course of his employment with them. After hearing evidence, particularly that of the pursuer and the expert witness on "industrial deafness", it appeared that any deafness suffered by the pursuer and caused by the defenders rather than the aging process was minimal. Counsel for the pursuer accepted a tender in the sum of £500.

[2 ] A short discussion then took place on the question of expenses of which I have no note and little recollection. As far as the grounds of appeal are concerned, although I do not have the interlocutor I thought that I did award expenses on the Sheriff Court Small Claims scale for the reasons contained in ground 1. I certainly intended to do so. I sanctioned the employment of counsel as the pursuer was entitled, however regrettably, to bring his action to the Court of Session and the issues raised in the pleadings were substantial.

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