Unless a person is in a position to do or refrain from doing whatever is statutorily requisite in relation to the state of the premises, I do not consider that he can properly be regarded as having control relevant to the Act".
I conclude that the Defenders were a party having control of the area involved in the accident.
JUDGEMENT of ANDREW BERRY, Esquire Sheriff of Grampian, Highland and Islands at Wick in causa PATRICIA BONHAM, residing at 21 Meadow Court, Meadow Lane, Thurso, KW14 8DD (Assisted Person) against PENTLAND HOUSING ASSOCIATION LIMITED, a company registered under the Industrial and Provident Societies Act 1956 (No 2449R(S)) and having a place of business at 37-39 Traill Street, Thurso, Caithness, KW14 8EG February 2013 The Sheriff, on resuming consideration of the cause, assoilzies the Defenders from the terms of Crave 1 of the writ and, in respect of expenses, appoints parties procurators to lodge written submissions within 14 days of today's date in relation thereto, or to intimate that they wish to be heard upon same whereupon a diet will be fixed . There was considerable compacted ice and snow on the pavement outside the Pursuer's home where she fell.
12 The Defenders do not undertake gritting of common parts. In the weeks leading up to the 23rd December 2009 compacted snow and ice had built up in the pavement and car park areas at Meadow Court. The weather conditions for some weeks prior to this date had been particularly harsh and there was much compacted snow and ice throughout the immediate area and well beyond.
This would certainly include the parking and paved area.
Clause 2.5 under the heading "keeping of pets" confirms that the Defenders are responsible for "the common parts".
The Defenders did not have a winter maintenance policy for the car park and pavement area at Meadow Court and in particular did not grit these areas. There can be no doubt that the Pursuer fell outside her home around 1am on 23 December 2009 and sustained injury.
Evidence for the Defenders came from Alan Ian Paul and Kevin Tait, the Defenders' Property Manager and Maintenance Officer respectively.
On page 49 "estate footpaths, grassed areas and walls" are confirmed to be the responsibility of the Defenders unless they are not owned by them.
On page 50 the same is stated regarding parking areas and paths and steps to entrance doors.
She explained that she had gone outside her home to ascertain if a noise she had heard might be her son returning home from a school prom. Upon realising that her son was not outside the Pursuer turned to go back into her house. There were no other witnesses to the Pursuer falling.