Dunn v Rigblast Energy Services Ltd [1998] ScotCS 84 (2 December 1998)

Special cause exists for withholding the case from jury trial due to the doubtful relevance and lack of specification in the pursuer's pleadings regarding injuries, medical condition, future prospects, and the complexity of directing a jury on future loss calculations post-Wells v Wells.

Citation: [1998] ScotCS 84
Parties: Pursuer: Francis Dunn; Defender: Rigblast Energy Services Ltd
Jurisdiction: Scotland
Judgment Date: 02 December 1998
Procedural Posture: Personal Injury Damages Claim / Procedure Roll Hearing on Defenders' Pleas in Law
Outcome: Proof before Answer allowed; jury trial withheld; pleas to relevancy left standing.
Legal Topics: Jury Trial Suitability, Specification of Pleadings, Future Loss of Earnings, Special Cause for Withholding Jury Trial

Personal Injury Civil Procedure Jury Trial Suitability Specification of Pleadings Future Loss of Earnings Special Cause for Withholding Jury Trial

Case Brief

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1

Parties

Francis Dunn

Pursuer

Rigblast Energy Services Ltd

Defender

Procedural Posture

Personal Injury Damages Claim / Procedure Roll Hearing on Defenders' Pleas in Law

Legal Issues

1 Whether the pursuer's pleadings provide sufficient specification of injury and loss to justify jury trial
2 Whether special cause exists to withhold the case from jury trial

Ratio Decidendi

Court Disposition

Proof before Answer allowed; jury trial withheld; pleas to relevancy left standing.

Orders

Case to proceed by Proof before Answer rather than jury trial.
Pleas to relevancy remain standing.