Ewan Or Sharp (AP) v Henderson [1999] ScotCS 187 (6 August 1999)
Special cause exists to withhold jury trial due to multiple heads of claim of doubtful relevancy, lack of specification in pleadings, complexity of medical and actuarial evidence, and the cumulative likelihood of jury confusion.
- Citation
- [1999] ScotCS 187
- Parties
- Pursuer: Bessie Bease Ewan or Sharp; Defender: Kevin Henderson
- Jurisdiction
- Scotland
- Judgment Date
- 06 August 1999
- Procedural Posture
- Personal Injury Damages Claim / Procedural Motion Regarding Mode of Inquiry (jury Trial Vs Proof Before Answer)
- Outcome
- Defender's second plea-in-law sustained; issues refused; proof before answer allowed.
- Legal Topics
- Jury Trial, Special Cause, Quantum of Damages, Specification of Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
Bessie Bease Ewan or Sharp
Pursuer
Kevin Henderson
Defender
Procedural Posture
Personal Injury Damages Claim / Procedural Motion Regarding Mode of Inquiry (jury Trial Vs Proof Before Answer)
Legal Issues
- 1 Whether special cause exists to withhold jury trial in a personal injury damages action
- 2 Whether the pursuer's pleadings are sufficiently specific and relevant for jury trial
Ratio Decidendi
Special cause exists to withhold jury trial due to multiple heads of claim of doubtful relevancy, lack of specification in pleadings, complexity of medical and actuarial evidence, and the cumulative likelihood of jury confusion.
Court Disposition
Defender's second plea-in-law sustained; issues refused; proof before answer allowed.
Orders
- Refuse issues (no jury trial)
- Allow proof before answer (trial before judge)
Full Case Text
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