Gillies & Ors v. Lynch & Ors [2004] ScotCS 224 (05 October 2004)
The medical questions introduced by amendment are not so complex as to render the case unsuitable for jury trial; the issues can be adequately addressed by a jury with proper directions from the trial judge.
- Citation
- [2004] ScotCS 224
- Parties
- Pursuers: Duncan Gillies and Others; Defenders: David Herd Lynch and Others
- Jurisdiction
- Scotland
- Judgment Date
- 05 October 2004
- Procedural Posture
- Damages Action Under Section 1 of the Damages (scotland) Act 1976 / Procedure Roll Hearing on Pleas in Law and Suitability for Jury Trial
- Outcome
- Defenders' pleas-in-law repelled; case allowed to proceed to jury trial.
- Legal Topics
- Damages for Grief and Sorrow, Jury Trial Suitability, Psychiatric Injury Causation
Case Brief
Summary, issues, holding and outcome
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Parties
Duncan Gillies and Others
Pursuers
David Herd Lynch and Others
Defenders
Procedural Posture
Damages Action Under Section 1 of the Damages (scotland) Act 1976 / Procedure Roll Hearing on Pleas in Law and Suitability for Jury Trial
Legal Issues
- 1 Whether complexity of medical facts constitutes special cause to withhold case from jury trial
- 2 Whether pursuer's psychiatric history renders assessment of damages for grief and sorrow too complex for jury
Ratio Decidendi
The medical questions introduced by amendment are not so complex as to render the case unsuitable for jury trial; the issues can be adequately addressed by a jury with proper directions from the trial judge.
Court Disposition
Defenders' pleas-in-law repelled; case allowed to proceed to jury trial.
Orders
- Repel defenders' first and second pleas-in-law
- Allow issues for trial by jury
Full Case Text
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