In an amazing twist, Niddry Castle Golf Club agreed a deal at the eleventh hour after it was apportioned 80% of the liability by Scottish appeal courts in relation to the injury of a player. It was reported by Insurance Dealer and insurance publications in May that both parties were awaiting a response from the Supreme Court on whether it would consider the case, but an out of court agreement has now been reached, Post has again reported.
This story started as a result of an injury to Anthony Phee, who was struck by a golf ball of another golfer, James Gorden, at Niddry Castle Golf Club. The first hearing accepted that there was at least one shout of “fore” from Mr Gordon to warn Mr Phee, but awarded £397,000 to the injured golfer, with split liability – 70% to Gordon and 30% to the club.
Niddry Castle Golf Club appealed the decision, arguing that 30% liability was very unfair – but in a second hearing, the appeal court substantially reversed the liability of award, citing the club’s failure to erect warning signs and handing the golf club 80% of the liability, with the remainder of liability to Mr Gordon.
It is understood that the appeal to the Supreme Court has not yet been formally withdrawn, but officials present at the court have been informed of plans to do so by solicitors Simpson & Marwick, acting on behalf of the club. Simpson & Marwick also confirmed a settlement as been reached but declined to give any further details. The solicitors representing Mr 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. This could set a precedent.
The decision has also prompted the response by the Scottish Golf Union to recommend golf clubs give priority attention to general health and safety procedures and insurance arrangements in place. Individual golfers are also encouraged to carry specialist golfers insurance which, in some instances, can be purchased alongside a cheap public liability insurance policy or on a competitive high value home insurance policy
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