As both a golfer (in the loosest sense), there is one story which has caught my attention in recent days and that is the unfortunate tale of Alford Army veteran Terry Gosling.
The 75-year-old, who was a captain with the Gordon Highlanders, has launched legal action against his local golf club after he was hit in the head by a stray drive.
The injury inflicted by the hooked shot resulted in the pensioner being taken to Aberdeen Royal Infirmary for treatment.
His neighbours have since spoken out about the number of balls hitting their properties, on the town’s Lang Stracht.
It is an unusual case – but my litigation partners at Aberdein Considine tell me that it is not unique. A number of similar cases have been raised in England by the neighbours of cricket clubs.
To stand any chance of winning compensation, Mr Gosling will need to establish negligence by the owners of the club and its members.
There is a general duty on all to take reasonable care and this duty is owed to everyone who is one’s “neighbour”. In this case it does mean quite literally “neighbour” but, in essence, it refers to any person likely to be closely and directly affected by the failure to take reasonable care.
The test is whether a reasonable person would foresee this outcome. It is certainly arguable that it is reasonably foreseeable here.
One very old case that the neighbour could rely upon is that of Miller v Jackson. This was an English Court of Appeal case in which the chairman of the local cricket club, on behalf of its members, was held to be liable for damage caused to the property by balls being hit over the boundary. The club erected a fence on top of a boundary wall to try and prevent balls from going into the neighbour’s garden. However a few balls still went over the large fence.
The Court of Appeal in 1977 held that there was a foreseeable risk of injury to the neighbours and their property from the cricket balls and the club could not prevent accidents from happening. The club was guilty of negligence “on each occasion when a ball comes over the fence and causes damage to the plaintiffs”. The fact that the neighbours had moved next door to a cricket club after it was built was not a sufficient defence.
This will be a helpful case for the Alford pensioner.
Amusingly, the court in 1977 said it had to “strike a fair balance between the right of the plaintiffs to have quiet enjoyment of their house and garden without exposure to cricket balls occasionally falling like thunderbolts from the heavens, and the opportunity of the inhabitants of the village in which they live to continue to enjoy the sport.”
No doubt the same considerations will be applied to this case.
What advice can I offer the person who struck the offending hooked drive? No need for case law here – keep your head down, your left arm straight and check you insurance is up to date!
Robo-advisers
Over nearly four decades in business, I have seen technology change most things and mostly for the better.
However, occasionally development veers off course into areas where people – not algorithms – matter.
The Financial Conduct Authority confirmed last week that computers which can offer financial advice will be studied as part of a review into the money advice sector.
So-called robo-advice uses machines to help individuals find products that suit their finances and attitude to risk and are used relatively widely in the US.
My view? This is a step too far. People left to their own devices do not always make the best financial choices. That’s why independent financial advisers are so important – and as people are given more financial freedom, particularly around pensions, the role of a human adviser rather than a machine becomes even more crucial.
Highlander Alert
Next weekend, the north-east will see the biggest invasion of Highlanders if not since Bloody Harlaw in 1411 then at least for the last 25 years.
Let me explain. My firm has had a close association with the Badenoch village of Newtonmore and in particular, the local shinty club, since we started in business over 30 years ago. We are currently the first team sponsors of Newtonmore, the Country’s oldest incorporated shinty club.
We were privileged to negotiate the purchase of the club’s famous Eilan playing field – the first shinty club in Scotland to own their own pitch.
The 100th Anniversary project was the construction of a clubhouse and changing rooms and so 25 years ago my firm organised a fundraising dinner here in Aberdeen. Fortunately the event was a great success and, thanks to the generosity of those present, the sum raised contributed significantly to the very fine building so well used today.
You will deduce that this year is the club’s 125th Anniversary and this time the aim is to buy ground adjacent to the Eilan to construct training pitches and, possibly, Shinty’s first ever all weather pitch.
There is much that is good about Newtonmore Shinty Club. It is the heart and soul of the village. Despite a population of only 1,000 it runs no fewer than 14 teams – both male and female.
The club and the sport teach great disciplines and there is a marvellous fellowship not only within the club BUT throughout the world of shinty.
So why Aberdeen and not Newtonmore? Following the Centenary fundraiser there is a strong bond between the village and the city, but in practical terms it needs somewhere like Aberdeen with a large business community to give us the potential to raise the kind of money needed. Finally and despite the music hall jokes, it is my experience that Aberdonians appreciate good causes and are second to none in giving them their generous support – although you would expect me to say that!
The Gentlemen’s Evening is being held this Saturday in the Menzies Hotel , we are expecting around 100 Newtonmorachs and about the same number of local guests. The host is our very own Peter Mitchell and the main act is one of Scotland’s funniest comedians, Paul Reid. There are tickets available so if you fancy a great night out and want to support this worthy cause or if it’s just that your heart is in the Highlands, contact me at hjaberdein@acandco.com.