The golfers amongst you may remember the 2011 case of Anthony Phee v James Gordon and Niddry Castle Golf Club.

By way of background, Mr Phee was playing a round of golf at Niddry Castle Golf Club in Winchburgh, West Lothian when he was hit in the eye by a ball struck by a golfer teeing off on a separate hole.  Mr Phee lost the sight in his eye and brought a court action against Mr Gordon (the golfer who struck the tee shot) and the golf club.  After hearing evidence from all of the parties involved, the Court of Session in Edinburgh found in Mr Phee's favour and awarded him damages of £400,000.  The Court held that Mr Gordon was 70% responsible for the injury due to his negligence in taking his tee shot when people were walking close to the tee, whilst the golf club was 30% responsible for failing to erect appropriate signs to safeguard golfers' safety.

Both Mr Gordon and Niddry Castle Golf Club appealed the decision to the Inner House of the Court of Session and the appeal was decided on 14 March 2013.  Whilst the Inner House agreed that Mr Gordon and the golf club were responsible for Mr Phee's injury, it decided that the golf club should bear 80% of the responsibility, with Mr Gordon bearing the remaining 20%.