This case related to a golfer, Antony Phee, who was injured by a golf ball, which was struck by another player, James Gorden and the Niddry Castle Golf Club.
Even though it was accepted that there was at least one shout of “fore” from Gordon to warn Phee, he was awarded £397034.82, with a liability split of 70% to Gordon and 30% to the golf club.
The Niddry Castle Golf Club appealed the decision, arguing that the 30% liability split was unfair. However, a second hearing took place and the appeal court changed the liability split substantially. The court cited that the club had failed to erect warning signs and announced 80% of the liability, with Gordon holding the remaining 20%.
The appeal has not yet been formally withdrawn from the Supreme Court, but officials at the court have been informed of plans to do so.
A statement from HBM Sayers Solicitors, representing Gordon, said “the firm remained disappointed that no negligence would now be found on the part of Phee for his failure to respond to warning shouts.”
The decision has also prompted the Scottish Golf Union to recommend golf clubs give greater attention to general health and safety procedures and insurance arrangements in place.
Individual golfers are also being encouraged to carry specialist golfers insurance.