GLEN AGAINST LAGWELL INSULATION COMPANY LIMITED [2017] ScotCS CSOH_153 (15 December 2017)

GLEN AGAINST LAGWELL INSULATION COMPANY LIMITED [2017] ScotCS CSOH_153 (15 December 2017)

The complexity of the pursuer’s proposed method for calculating future wage loss, including the use of Ogden Tables and reduction factors, does not amount to 'special cause' to refuse a jury trial. The issues can be adequately explained to a jury, and the case is not so complex as to require proof before a judge. Special cause has not been established.

Citation
[2017] ScotCS CSOH_153
Parties
Pursuer: Joseph Glen; Defender: Lagwell Insulation Company Limited
Jurisdiction
Scotland
Judgment Date
15 December 2017
Procedural Posture
Personal Injury Action (chapter 43) / Motion for Issues (jury Trial) Opposed by Defenders; Determination of 'special Cause' for Proof
Outcome
Special cause not established; issues allowed (jury trial to proceed)
Legal Topics
Damages Quantification, Future Wage Loss, Jury Trial Suitability, Ogden Tables, Proof Versus Jury Trial
Personal Injury Civil Procedure Damages Quantification Future Wage Loss Jury Trial Suitability Ogden Tables Proof Versus Jury Trial

Case Brief

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Parties

Joseph Glen

Pursuer

Lagwell Insulation Company Limited

Defender

Procedural Posture

Personal Injury Action (chapter 43) / Motion for Issues (jury Trial) Opposed by Defenders; Determination of 'special Cause' for Proof

Legal Issues

  1. 1 Whether the complexity of the pursuer’s method for calculating future wage loss constitutes 'special cause' to refuse jury trial and order proof
  2. 2 Whether the use of Ogden Tables reduction factors is too complex for a jury

Ratio Decidendi

The complexity of the pursuer’s proposed method for calculating future wage loss, including the use of Ogden Tables and reduction factors, does not amount to 'special cause' to refuse a jury trial. The issues can be adequately explained to a jury, and the case is not so complex as to require proof before a judge. Special cause has not been established.

Court Disposition

Special cause not established; issues allowed (jury trial to proceed)

Orders

  • Issues allowed (jury trial to proceed)
  • All questions of expenses reserved