Tait v Diamond Offshore Drilling (UK) Ltd [2000] ScotCS 329 (21 December 2000)

Tait v Diamond Offshore Drilling (UK) Ltd [2000] ScotCS 329 (21 December 2000)

The case does not present sufficient complexity or special cause to justify withholding it from jury trial; the factual and damages issues are within the competence of a jury.

Citation
[2000] ScotCS 329
Parties
Pursuer: Barry Tait; Defenders: Diamond Offshore Drilling (UK) Limited
Jurisdiction
Scotland
Judgment Date
21 December 2000
Procedural Posture
Personal Injury Damages Claim / Interlocutory Application Regarding Jury Trial
Outcome
Defenders' preliminary pleas repelled; issues allowed for jury trial.
Legal Topics
Jury Trial, Assessment of Damages, Future Wage Loss, Ogden Tables
Personal Injury Civil Procedure Jury Trial Assessment of Damages Future Wage Loss Ogden Tables

Case Brief

Summary, issues, holding and outcome

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Parties

Barry Tait

Pursuer

Diamond Offshore Drilling (UK) Limited

Defenders

Procedural Posture

Personal Injury Damages Claim / Interlocutory Application Regarding Jury Trial

Legal Issues

  1. 1 Whether special cause exists to withhold the case from trial by jury due to complexity of damages assessment

Ratio Decidendi

The case does not present sufficient complexity or special cause to justify withholding it from jury trial; the factual and damages issues are within the competence of a jury.

Court Disposition

Defenders' preliminary pleas repelled; issues allowed for jury trial.

Orders

  • Repel first and second preliminary pleas for defenders
  • Allow issues for jury trial