G. v. S. [2006] ScotCS CSOH_88 (06 June 2006)

G. v. S. [2006] ScotCS CSOH_88 (06 June 2006)

An action of harassment under the Protection from Harassment Act 1997 does not qualify as a personal injuries action for the purposes of Chapter 43 procedure, as damages for anxiety are only competent by statutory provision and do not meet the ordinary definition of personal injuries. The case should proceed as an ordinary action.

Citation
[2006] ScotCS CSOH_88
Parties
Pursuer: G; Defender: S
Jurisdiction
Scotland
Judgment Date
06 June 2006
Procedural Posture
Action of Harassment (personal Injuries Action) / Motion to Withdraw From Chapter 43 Procedure and Proceed as Ordinary Action
Outcome
Motion granted; case withdrawn from Chapter 43 procedure and allowed to proceed as ordinary action.
Legal Topics
Harassment, Personal Injuries, Damages, Court Procedure
Civil Procedure Tort Law Harassment Personal Injuries Damages Court Procedure

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Parties

G

Pursuer

S

Defender

Procedural Posture

Action of Harassment (personal Injuries Action) / Motion to Withdraw From Chapter 43 Procedure and Proceed as Ordinary Action

Legal Issues

  1. 1 Does an action of harassment under the Protection from Harassment Act 1997 qualify as a personal injuries action for Chapter 43 procedure?
  2. 2 Should the case proceed under Chapter 43 or ordinary procedure?

Ratio Decidendi

An action of harassment under the Protection from Harassment Act 1997 does not qualify as a personal injuries action for the purposes of Chapter 43 procedure, as damages for anxiety are only competent by statutory provision and do not meet the ordinary definition of personal injuries. The case should proceed as an ordinary action.

Court Disposition

Motion granted; case withdrawn from Chapter 43 procedure and allowed to proceed as ordinary action.

Orders

  • Open record to be lodged within four weeks of the date of this decision.