Lewendon v. International Paper (Uk) Ltd [2011] ScotCS CSOH_116 (05 July 2011)

Lewendon v. International Paper (Uk) Ltd [2011] ScotCS CSOH_116 (05 July 2011)

Special cause exists for withholding jury trial due to the multiplicity and complexity of calculations required to assess future loss of earnings, including disputed contingencies, split multipliers, and uncertainties regarding the pursuer's employment prospects both absent and post-accident. The assessment is particularly difficult and unsuitable for jury trial in the circumstances.

Citation
[2011] ScotCS CSOH_116
Parties
Pursuer: Stephen Lewendon; Defender: International Paper (UK) Limited
Jurisdiction
Scotland
Judgment Date
05 July 2011
Procedural Posture
Personal Injury Action / Motion Roll; Application for Jury Trial
Outcome
Pursuer's motion for issues refused; proof allowed.
Legal Topics
Future Loss of Earnings, Jury Trial, Ogden Tables, Contributory Negligence, Proof Procedure
Personal Injury Employment Law Civil Procedure Future Loss of Earnings Jury Trial Ogden Tables Contributory Negligence Proof 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 12 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Stephen Lewendon

Pursuer

International Paper (UK) Limited

Defender

Procedural Posture

Personal Injury Action / Motion Roll; Application for Jury Trial

Legal Issues

  1. 1 Whether special cause exists to withhold jury trial due to complexity of future loss of earnings calculations
  2. 2 Applicability and complexity of Ogden Tables in assessing damages

Ratio Decidendi

Special cause exists for withholding jury trial due to the multiplicity and complexity of calculations required to assess future loss of earnings, including disputed contingencies, split multipliers, and uncertainties regarding the pursuer's employment prospects both absent and post-accident. The assessment is particularly difficult and unsuitable for jury trial in the circumstances.

Court Disposition

Pursuer's motion for issues refused; proof allowed.

Orders

  • Proof of parties' averments on Record allowed.