Benson & Ors v Scottish Lion Engineering Ltd [2001] ScotCS 299 (21 December 2001)

Benson & Ors v Scottish Lion Engineering Ltd [2001] ScotCS 299 (21 December 2001)

The proposed issue, though deficient, was validly lodged and subject to adjustment; the Lord Ordinary acted correctly in allowing rectification and approving the amended issue for jury trial.

Citation
[2001] ScotCS 299
Parties
Pursuers and Respondents: Thomas Benson and Others; Defenders and Reclaimers: Scottish Lion Engineering Limited
Jurisdiction
Scotland
Judgment Date
21 December 2001
Procedural Posture
Reclaiming Motion / Appeal Against Lord Ordinary's Decision
Outcome
Reclaiming motion refused
Legal Topics
Jury Trial Procedure, Damages Assessment, Court Rules Compliance
Civil Procedure Personal Injury Jury Trial Procedure Damages Assessment Court Rules Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Benson and Others

Pursuers and Respondents

Scottish Lion Engineering Limited

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion / Appeal Against Lord Ordinary's Decision

Legal Issues

  1. 1 Whether the proposed issue for jury trial was valid despite omission of essential question
  2. 2 Whether pursuers forfeited right to jury trial due to procedural defect

Ratio Decidendi

The proposed issue, though deficient, was validly lodged and subject to adjustment; the Lord Ordinary acted correctly in allowing rectification and approving the amended issue for jury trial.

Court Disposition

Reclaiming motion refused

Orders

  • Proposed issue as amended approved for jury trial
  • Pursuers retain right to jury trial