Ross & Anor v Pryde [2004] ScotCS 195 (30 July 2004)

Ross & Anor v Pryde [2004] ScotCS 195 (30 July 2004)

Averments of wage loss and psychiatric illness are irrelevant to a claim under section 1(4) of the Damages (Scotland) Act 1976, which is limited to grief and sorrow as natural human emotions. Distress and anxiety in contemplation of the deceased's suffering are only relevant if the deceased consciously suffered before death, which was not the case here. The remaining averments are relevant and the case is suitable for jury trial.

Citation
[2004] ScotCS 195
Parties
Pursuer: Robert Campbell Ross; Pursuer: Kathleen Ross (FE); Defender: Graham Pryde
Jurisdiction
Scotland
Judgment Date
30 July 2004
Procedural Posture
Civil Damages (fatal Accident) / Procedure Roll Debate on Relevancy and Suitability for Jury Trial
Outcome
Defender's second plea-in-law sustained in part (specified averments deleted); third plea-in-law repelled; issues allowed for jury trial.
Legal Topics
Damages for Wrongful Death, Grief and Sorrow Claims, Psychiatric Injury, Jury Trial Suitability, Relevancy of Pleadings
Tort Law Personal Injury Civil Procedure Damages for Wrongful Death Grief and Sorrow Claims Psychiatric Injury Jury Trial Suitability Relevancy of Pleadings

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Parties

Robert Campbell Ross

Pursuer

Kathleen Ross (FE)

Pursuer

Graham Pryde

Defender

Procedural Posture

Civil Damages (fatal Accident) / Procedure Roll Debate on Relevancy and Suitability for Jury Trial

Legal Issues

  1. 1 Whether averments of wage loss, distress and anxiety, and psychiatric illness are relevant in a claim under section 1(4) of the Damages (Scotland) Act 1976
  2. 2 Whether the case is suitable for jury trial or should be withheld due to complexity or doubtful relevancy

Ratio Decidendi

Averments of wage loss and psychiatric illness are irrelevant to a claim under section 1(4) of the Damages (Scotland) Act 1976, which is limited to grief and sorrow as natural human emotions. Distress and anxiety in contemplation of the deceased's suffering are only relevant if the deceased consciously suffered before death, which was not the case here. The remaining averments are relevant and the case is suitable for jury trial.

Court Disposition

Defender's second plea-in-law sustained in part (specified averments deleted); third plea-in-law repelled; issues allowed for jury trial.

Orders

  • Delete specified averments in condescendence 4 relating to distress and anxiety in contemplation of suffering, and psychiatric illness, except for bereavement reaction.
  • Repel defender's third plea-in-law.