McCue Reid & Ors v BP Oil Grangemouth Refinery Ltd [2001] ScotCS 108 (8 May 2001)

McCue Reid & Ors v BP Oil Grangemouth Refinery Ltd [2001] ScotCS 108 (8 May 2001)

The complexity arising from the application of the Ogden Tables and the nature of the claims does not amount to 'special cause' under the Court of Session Act 1988. The claims are typical, the pleadings are clear, and juries are competent to assess such matters with appropriate direction. Therefore, the defenders' plea is repelled and Issues are allowed for jury trial.

Citation
[2001] ScotCS 108
Parties
Pursuers: Jane McCue Reid and Others; Defenders: BP Oil Grangemouth Refinery Limited
Jurisdiction
Scotland
Judgment Date
08 May 2001
Procedural Posture
Civil Damages for Personal Injury (fatal Accident) / Interlocutory Motion Regarding Allowance of Issues (jury Trial)
Outcome
Defenders' first plea-in-law repelled; Issues allowed for jury trial.
Legal Topics
Damages for Fatal Accident, Jury Trial Suitability, Application of Ogden Tables, Special Cause Under Court of Session Act 1988
Tort Personal Injury Civil Procedure Damages for Fatal Accident Jury Trial Suitability Application of Ogden Tables Special Cause Under Court of Session Act 1988

Case Brief

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Parties

Jane McCue Reid and Others

Pursuers

BP Oil Grangemouth Refinery Limited

Defenders

Procedural Posture

Civil Damages for Personal Injury (fatal Accident) / Interlocutory Motion Regarding Allowance of Issues (jury Trial)

Legal Issues

  1. 1 Whether the complexity of applying the Ogden Tables and the nature of the claims constitute 'special cause' making the case unsuitable for jury trial under the Court of Session Act 1988.

Ratio Decidendi

The complexity arising from the application of the Ogden Tables and the nature of the claims does not amount to 'special cause' under the Court of Session Act 1988. The claims are typical, the pleadings are clear, and juries are competent to assess such matters with appropriate direction. Therefore, the defenders' plea is repelled and Issues are allowed for jury trial.

Court Disposition

Defenders' first plea-in-law repelled; Issues allowed for jury trial.

Orders

  • Repel first plea-in-law for defenders.
  • Allow Issues (jury trial) to proceed.