Duncan Gillies Others (ap) v David Herd Lynch Others [2002] ScotCS 276 (17 October 2002)

Duncan Gillies Others (ap) v David Herd Lynch Others [2002] ScotCS 276 (17 October 2002)

Averments of psychiatric injury resulting from bereavement are relevant to the assessment of grief and sorrow under section 1(4)(b) of the Damages (Scotland) Act 1976. Their inclusion does not render the case unsuitable for jury trial in the absence of complicating factors such as pre-existing psychiatric illness.

Citation
[2002] ScotCS 276
Parties
Pursuers: Duncan Gillies and Others; Defenders: David Herd Lynch and Others
Jurisdiction
Scotland
Judgment Date
17 October 2002
Procedural Posture
Action of Damages / Procedure Roll Debate on Relevancy and Suitability for Jury Trial
Outcome
All defenders' preliminary pleas repelled; issues allowed for jury trial; expenses of the hearing reserved.
Legal Topics
Damages for Wrongful Death, Bereavement Damages, Jury Trial Suitability, Psychiatric Injury, Loss of Society
Tort Civil Procedure Damages for Wrongful Death Bereavement Damages Jury Trial Suitability Psychiatric Injury Loss of Society

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Parties

Duncan Gillies and Others

Pursuers

David Herd Lynch and Others

Defenders

Procedural Posture

Action of Damages / Procedure Roll Debate on Relevancy and Suitability for Jury Trial

Legal Issues

  1. 1 Are averments of psychiatric injury relevant to a claim for grief and sorrow under section 1(4)(b) of the Damages (Scotland) Act 1976?
  2. 2 Does the presence of such averments render the case unsuitable for jury trial?

Ratio Decidendi

Averments of psychiatric injury resulting from bereavement are relevant to the assessment of grief and sorrow under section 1(4)(b) of the Damages (Scotland) Act 1976. Their inclusion does not render the case unsuitable for jury trial in the absence of complicating factors such as pre-existing psychiatric illness.

Court Disposition

All defenders' preliminary pleas repelled; issues allowed for jury trial; expenses of the hearing reserved.

Orders

  • Repel first pleas-in-law for the first and second and the third defenders.
  • Repel first and second defenders' second plea-in-law.