Fallone v. Lanarkshire Acute Hospitals NHS Trust [2006] ScotCS CSOH_51 (28 March 2006)

Fallone v. Lanarkshire Acute Hospitals NHS Trust [2006] ScotCS CSOH_51 (28 March 2006)

The pursuer's pleadings are of doubtful relevancy regarding causation and assessment of damages, particularly in attributing the entire delay to Mr Ali and failing to specify how a diagnosis would have been made in November 1997 or why chemotherapy would have been avoided. The pleadings do not clearly focus the points in issue or state the facts which, if proved, would entitle the pursuer to the remedy sought. This, combined with the complexity in assessing damages, constitutes special cause to withhold the case from jury trial.

Citation
[2006] ScotCS CSOH_51
Parties
Pursuer: Violet Helen Josephine Fallone; Defender: Lanarkshire Acute Hospitals NHS Trust
Jurisdiction
Scotland
Judgment Date
28 March 2006
Procedural Posture
Personal Injury Action for Damages / Procedure Roll—discussion of Defenders' Preliminary Pleas
Outcome
Defender's second plea-in-law upheld; first plea-in-law reserved; proof before answer ordered on all parties' averments; all questions of expenses reserved.
Legal Topics
Jury Trial—special Cause, Pleading Relevancy, Causation in Medical Negligence, Assessment of Damages
Medical Negligence Personal Injury Jury Trial—special Cause Pleading Relevancy Causation in Medical Negligence Assessment of Damages

Case Brief

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Parties

Violet Helen Josephine Fallone

Pursuer

Lanarkshire Acute Hospitals NHS Trust

Defender

Procedural Posture

Personal Injury Action for Damages / Procedure Roll—discussion of Defenders' Preliminary Pleas

Legal Issues

  1. 1 Whether the pursuer's pleadings are sufficiently relevant and specific to allow a jury trial
  2. 2 Whether there is special cause to withhold the case from jury trial due to difficulties in assessment of damages and causation

Ratio Decidendi

The pursuer's pleadings are of doubtful relevancy regarding causation and assessment of damages, particularly in attributing the entire delay to Mr Ali and failing to specify how a diagnosis would have been made in November 1997 or why chemotherapy would have been avoided. The pleadings do not clearly focus the points in issue or state the facts which, if proved, would entitle the pursuer to the remedy sought. This, combined with the complexity in assessing damages, constitutes special cause to withhold the case from jury trial.

Court Disposition

Defender's second plea-in-law upheld; first plea-in-law reserved; proof before answer ordered on all parties' averments; all questions of expenses reserved.

Orders

  • Uphold defender's second plea-in-law (special cause—no jury trial)
  • Reserve defender's first plea-in-law (relevancy and specification)