Baillie v. ECG Group Ltd [2005] ScotCS CSOH_40 (18 March 2005)

Baillie v. ECG Group Ltd [2005] ScotCS CSOH_40 (18 March 2005)

The only reason for not allowing issues is the continued existence of the regulation 17 case, which is of doubtful relevancy. If the pursuer deletes all reference to the 1992 Regulations, issues will be allowed; otherwise, proof before answer will be allowed.

Citation
[2005] ScotCS CSOH_40
Parties
Pursuer: James Gibson Baillie; Defenders: ECG Group Limited
Jurisdiction
Scotland
Judgment Date
18 March 2005
Procedural Posture
Personal Injury Action / Application for Issues to Be Allowed; Interlocutory Decision on Suitability for Jury Trial
Outcome
Case put out By-Order for pursuer to state position on amendment; issues to be allowed if 1992 Regulations deleted, otherwise proof before answer allowed.
Legal Topics
Employer's Liability, Workplace Safety, Statutory Duties, Common Law Negligence, Personal Injury Procedure
Tort Employment Law Health and Safety Employer's Liability Workplace Safety Statutory Duties Common Law Negligence Personal Injury Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

James Gibson Baillie

Pursuer

ECG Group Limited

Defenders

Procedural Posture

Personal Injury Action / Application for Issues to Be Allowed; Interlocutory Decision on Suitability for Jury Trial

Legal Issues

  1. 1 Whether the pleadings are sufficiently relevant and specified to allow issues for jury trial
  2. 2 Applicability of statutory regulations to the facts
  3. 3 Complexity of issues for jury consideration

Ratio Decidendi

The only reason for not allowing issues is the continued existence of the regulation 17 case, which is of doubtful relevancy. If the pursuer deletes all reference to the 1992 Regulations, issues will be allowed; otherwise, proof before answer will be allowed.

Court Disposition

Case put out By-Order for pursuer to state position on amendment; issues to be allowed if 1992 Regulations deleted, otherwise proof before answer allowed.

Orders

  • Amendment allowed to delete reference to regulation 5 of the 1992 Regulations.
  • Case continued By-Order for pursuer to consider further amendment regarding 1992 Regulations.