MacDonald v. Mallan [2008] ScotCS CSOH_1 (04 January 2008)

MacDonald v. Mallan [2008] ScotCS CSOH_1 (04 January 2008)

The complexity and uncertainties in the quantification of future loss, including the application of the Ogden Tables, the need for multiple and potentially split multipliers, and the lack of guidance for certain contingencies, constitute special cause for withholding jury trial under section 9(2) of the Court of Session Act 1988. The case is therefore unsuitable for jury trial and should proceed to proof before a judge.

Citation
[2008] ScotCS CSOH_1
Parties
Pursuer: Marc William MacDonald; Defender: Christopher Robert Mallan
Jurisdiction
Scotland
Judgment Date
04 January 2008
Procedural Posture
Personal Injury Action (damages for Road Accident) / Motion for Allowance of Issues (jury Trial) Versus Proof Before Judge
Outcome
Pursuer's motion for issues (jury trial) refused; proof before judge allowed.
Legal Topics
Damages Quantification, Jury Trial Suitability, Application of Ogden Tables, Future Loss of Earnings, Special Cause Under Court of Session Act 1988
Personal Injury Civil Procedure Damages Quantification Jury Trial Suitability Application of Ogden Tables Future Loss of Earnings Special Cause Under Court of Session Act 1988

Case Brief

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Parties

Marc William MacDonald

Pursuer

Christopher Robert Mallan

Defender

Procedural Posture

Personal Injury Action (damages for Road Accident) / Motion for Allowance of Issues (jury Trial) Versus Proof Before Judge

Legal Issues

  1. 1 Whether the complexity of future loss calculations and application of Ogden Tables constitutes 'special cause' to withhold jury trial under section 9(2) of the Court of Session Act 1988

Ratio Decidendi

The complexity and uncertainties in the quantification of future loss, including the application of the Ogden Tables, the need for multiple and potentially split multipliers, and the lack of guidance for certain contingencies, constitute special cause for withholding jury trial under section 9(2) of the Court of Session Act 1988. The case is therefore unsuitable for jury trial and should proceed to proof before a judge.

Court Disposition

Pursuer's motion for issues (jury trial) refused; proof before judge allowed.

Orders

  • Refuse pursuer's motion for issues (jury trial)
  • Allow parties a proof of their respective averments on Record