Patterson v. Sommerville & Anor [2005] ScotCS CSOH_19 (31 January 2005)

Patterson v. Sommerville & Anor [2005] ScotCS CSOH_19 (31 January 2005)

The pursuer's pleadings, as read fairly, were sufficient to allow issues to be granted. Any minor uncertainties could be addressed by amendment, and there was no real doubt or prejudice to the defenders. The defenders' arguments did not establish a basis to withhold issues.

Citation
[2005] ScotCS CSOH_19
Parties
Pursuer: Gregory Patterson; Defenders: Robert Masson Sommerville and another
Jurisdiction
Scotland
Judgment Date
31 January 2005
Procedural Posture
Personal Injury Damages Action / Motion to Allow Issues Under Rule of Court 43.6(5)
Outcome
Pursuer's motion to allow issues granted; expenses of the opposed motion awarded to the pursuer.
Legal Topics
Damages, Pleadings, Jury Trial, Loss of Employability, Promotion Prospects, Section 9 Administration of Justice Act 1982
Personal Injury Civil Procedure Damages Pleadings Jury Trial Loss of Employability Promotion Prospects Section 9 Administration of Justice Act 1982

Case Brief

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Parties

Gregory Patterson

Pursuer

Robert Masson Sommerville and another

Defenders

Procedural Posture

Personal Injury Damages Action / Motion to Allow Issues Under Rule of Court 43.6(5)

Legal Issues

  1. 1 Whether the pursuer's pleadings on damages contained matters of doubtful relevance making the case unsuitable for issues to be allowed
  2. 2 Whether claims for promotion prospects, loss of employability, and inability to perform certain tasks were sufficiently averred

Ratio Decidendi

The pursuer's pleadings, as read fairly, were sufficient to allow issues to be granted. Any minor uncertainties could be addressed by amendment, and there was no real doubt or prejudice to the defenders. The defenders' arguments did not establish a basis to withhold issues.

Court Disposition

Pursuer's motion to allow issues granted; expenses of the opposed motion awarded to the pursuer.

Orders

  • Issues allowed under Rule of Court 43.6(5)
  • Pursuer permitted to amend pleadings as suggested