Sandison v Graham Begg Ltd [2001] ScotCS 79 (30 March 2001)

Sandison v Graham Begg Ltd [2001] ScotCS 79 (30 March 2001)

Special cause exists to refuse jury trial and allow proof before answer because the pursuer's pleadings do not clearly and specifically address the causation and quantum issues, risking confusion and unfairness at jury trial.

Citation
[2001] ScotCS 79
Parties
Pursuer: Catherine Ryrie Sandison; Defenders: Graham Begg Limited
Jurisdiction
Scotland
Judgment Date
30 March 2001
Procedural Posture
Personal Injury Action / Procedure Roll Hearing on Allowance of Issues (jury Trial) Vs Proof Before Answer
Outcome
Proof before answer allowed; jury trial refused.
Legal Topics
Jury Trial Suitability, Causation of Injury, Quantum of Damages, Human Rights (article 6 Echr), Statutory Interpretation
Personal Injury Employment Law Civil Procedure Jury Trial Suitability Causation of Injury Quantum of Damages Human Rights (article 6 Echr) Statutory Interpretation

Case Brief

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Parties

Catherine Ryrie Sandison

Pursuer

Graham Begg Limited

Defenders

Procedural Posture

Personal Injury Action / Procedure Roll Hearing on Allowance of Issues (jury Trial) Vs Proof Before Answer

Legal Issues

  1. 1 Whether the pleadings are sufficiently specific to allow a jury trial
  2. 2 Whether complex causation and quantum issues constitute 'special cause' to refuse jury trial
  3. 3 Whether lack of jury reasons would infringe Article 6 ECHR rights

Ratio Decidendi

Special cause exists to refuse jury trial and allow proof before answer because the pursuer's pleadings do not clearly and specifically address the causation and quantum issues, risking confusion and unfairness at jury trial.

Court Disposition

Proof before answer allowed; jury trial refused.

Orders

  • Defenders' second plea in law sustained
  • Case sent to proof before answer