Smith & Ors v. Forth Ports Plc [2004] ScotCS 91 (07 April 2004)

Smith & Ors v. Forth Ports Plc [2004] ScotCS 91 (07 April 2004)

A claim for a reasonable sum in respect of personal services under section 9 of the Administration of Justice Act 1982, quantified by reference to the earned income of the person providing those services in place of the deceased, is relevant in law. The appropriateness and reasonableness of the sum claimed is a matter for proof and for the jury or court to decide. The case is not unduly complex or of doubtful relevancy so as to preclude jury trial.

Citation
[2004] ScotCS 91
Parties
Pursuers: Janet Smith & Others; Defenders: Forth Ports Plc
Jurisdiction
Scotland
Judgment Date
07 April 2004
Procedural Posture
Damages Action (personal Injury/death) / Procedure Roll (preliminary Issues Before Trial)
Outcome
Defenders' first and second pleas-in-law repelled (except as to dismissal of fourth pursuer); defenders' fourth, fifth, and sixth pleas-in-law repelled; action at instance of fourth pursuer dismissed; issues allowed for jury trial; expenses of Minute of Amendment procedure awarded to defenders; all other expenses...
Legal Topics
Damages for Loss of Services, Measure of Damages, Jury Trial Suitability, Statutory Interpretation (administration of Justice Act 1982 S.9)
Tort Personal Injury Family Law Damages for Loss of Services Measure of Damages Jury Trial Suitability Statutory Interpretation (administration of Justice Act 1982 S.9)

Case Brief

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Parties

Janet Smith & Others

Pursuers

Forth Ports Plc

Defenders

Procedural Posture

Damages Action (personal Injury/death) / Procedure Roll (preliminary Issues Before Trial)

Legal Issues

  1. 1 Whether the method of quantifying loss of services under s.9 of the Administration of Justice Act 1982 by reference to lost earnings is relevant in law
  2. 2 Whether the case is too complex or of doubtful relevancy for jury trial

Ratio Decidendi

A claim for a reasonable sum in respect of personal services under section 9 of the Administration of Justice Act 1982, quantified by reference to the earned income of the person providing those services in place of the deceased, is relevant in law. The appropriateness and reasonableness of the sum claimed is a matter for proof and for the jury or court to decide. The case is not unduly complex or of doubtful relevancy so as to preclude jury trial.

Court Disposition

Defenders' first and second pleas-in-law repelled (except as to dismissal of fourth pursuer); defenders' fourth, fifth, and sixth pleas-in-law repelled; action at instance of fourth pursuer dismissed; issues allowed for jury trial; expenses of Minute of Amendment procedure awarded to defenders; all other expenses...

Orders

  • Dismiss action at instance of fourth pursuer
  • Repel defenders' first, fourth, fifth, and sixth pleas-in-law