Cunningham v. Glasgow City Council [2008] ScotCS CSOH_113 (08 August 2008)

Cunningham v. Glasgow City Council [2008] ScotCS CSOH_113 (08 August 2008)

Exceptional circumstances exist due to the nature, complexity, and duration of the allegations, requiring full pleadings and detailed investigation, justifying withdrawal from Chapter 43 procedure and remitting the action to proceed as an ordinary action.

Citation
[2008] ScotCS CSOH_113
Parties
Pursuer: Michael Cunningham; Defenders: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
08 August 2008
Procedural Posture
Motion to Remit Cause From Chapter 43 Procedure to Ordinary Action / Interlocutory (motion Roll)
Outcome
Motion granted; case withdrawn from Chapter 43 procedure and allowed to proceed as an ordinary action.
Legal Topics
Harassment at Work, Personal Injuries Procedure, Vicarious Liability, Health and Safety at Work
Employment Law Delict (tort) Civil Procedure Harassment at Work Personal Injuries Procedure Vicarious Liability Health and Safety at Work

Case Brief

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Parties

Michael Cunningham

Pursuer

Glasgow City Council

Defenders

Procedural Posture

Motion to Remit Cause From Chapter 43 Procedure to Ordinary Action / Interlocutory (motion Roll)

Legal Issues

  1. 1 Whether the action should proceed under Chapter 43 personal injuries procedure or as an ordinary action
  2. 2 Whether the claim constitutes a personal injuries action under Rule 43.1
  3. 3 Whether exceptional reasons exist to justify withdrawal from Chapter 43 procedure

Ratio Decidendi

Exceptional circumstances exist due to the nature, complexity, and duration of the allegations, requiring full pleadings and detailed investigation, justifying withdrawal from Chapter 43 procedure and remitting the action to proceed as an ordinary action.

Court Disposition

Motion granted; case withdrawn from Chapter 43 procedure and allowed to proceed as an ordinary action.

Orders

  • The case is withdrawn from Chapter 43 procedure.
  • The action is to proceed as an ordinary action.