Strang & Ors v Churchill Insurance Company Ltd [2006] ScotCS CSOH_175 (15 November 2006)

Strang & Ors v Churchill Insurance Company Ltd [2006] ScotCS CSOH_175 (15 November 2006)

No special cause exists to withhold case from jury trial; specification and assessment of claims are adequate when pleadings and Statements of Value are considered; insurer status does not bar jury trial unless used to unduly influence jury.

Citation
[2006] ScotCS CSOH_175
Parties
Pursuers: Allan McLean Strang and Others; Defenders: Churchill Insurance Company Limited
Jurisdiction
Scotland
Judgment Date
15 November 2006
Procedural Posture
Personal Injury Action (road Traffic Accident, Fatal Claim) / Motion to Allow Issues for Jury Trial Under Court of Session Act 1988, Section 11
Outcome
Motion granted; issues allowed for jury trial.
Legal Topics
Jury Trial Suitability, Specification of Claims, Direct Action Against Insurer, Assessment of Damages, Fair Notice, Statutory Rights Under EC Regulations
Personal Injury Insurance Law Civil Procedure Jury Trial Suitability Specification of Claims Direct Action Against Insurer Assessment of Damages Fair Notice +1 more

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Parties

Allan McLean Strang and Others

Pursuers

Churchill Insurance Company Limited

Defenders

Procedural Posture

Personal Injury Action (road Traffic Accident, Fatal Claim) / Motion to Allow Issues for Jury Trial Under Court of Session Act 1988, Section 11

Legal Issues

  1. 1 Whether special cause exists to withhold case from jury trial
  2. 2 Adequacy of specification and assessment of claims
  3. 3 Impact of insurer status on jury trial suitability

Ratio Decidendi

No special cause exists to withhold case from jury trial; specification and assessment of claims are adequate when pleadings and Statements of Value are considered; insurer status does not bar jury trial unless used to unduly influence jury.

Court Disposition

Motion granted; issues allowed for jury trial.

Orders

  • Issues allowed for jury trial under section 11 of Court of Session Act 1988