Pearson v. J. Ray McDermott Diving International Inc [2006] ScotCS CSIH_39 (20 June 2006)

Pearson v. J. Ray McDermott Diving International Inc [2006] ScotCS CSIH_39 (20 June 2006)

Given the seriousness of the allegations of bias, the court cannot determine the ground of appeal without a detailed report from the Temporary Lord Ordinary addressing all points raised. The appellate court will not discard the factual findings or proceed further until such report is obtained.

Citation
[2006] ScotCS CSIH_39
Parties
Pursuer and Reclaimer: Alan Pearson; Defenders and Respondents: J. Ray McDermott Diving International Inc.
Jurisdiction
Scotland
Judgment Date
20 June 2006
Procedural Posture
Reclaiming Motion (appeal) / Interlocutory Decision on Procedural Ground of Appeal
Outcome
Diet for the reclaiming motion discharged pending further procedure.
Legal Topics
Judicial Bias, Recusal of Judge, Appeals Procedure, Personal Injury Damages
Civil Procedure Personal Injury Judicial Bias Recusal of Judge Appeals Procedure Personal Injury Damages

Case Brief

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Parties

Alan Pearson

Pursuer and Reclaimer

J. Ray McDermott Diving International Inc.

Defenders and Respondents

Procedural Posture

Reclaiming Motion (appeal) / Interlocutory Decision on Procedural Ground of Appeal

Legal Issues

  1. 1 Whether the Temporary Lord Ordinary demonstrated apparent or actual bias
  2. 2 Whether the appellate court should discard the factual findings of the Temporary Lord Ordinary and make its own findings based on the transcript
  3. 3 Whether further procedure is required to address allegations of bias

Ratio Decidendi

Given the seriousness of the allegations of bias, the court cannot determine the ground of appeal without a detailed report from the Temporary Lord Ordinary addressing all points raised. The appellate court will not discard the factual findings or proceed further until such report is obtained.

Court Disposition

Diet for the reclaiming motion discharged pending further procedure.

Orders

  • Temporary Lord Ordinary to provide a detailed report on all points raised in ground 3 of the grounds of appeal.
  • Case to be put on the By Order roll upon receipt of the report for discussion of further procedure.