Smith v Greater Glasgow and Clyde NHS Health Board [2013] ScotCS CSOH_178 (20 November 2013)

Smith v Greater Glasgow and Clyde NHS Health Board [2013] ScotCS CSOH_178 (20 November 2013)

The court refused the defenders' motion to allow their list of witnesses to be received late because Chapter 43 provides no power to do so except on special cause shown under rule 43.8, and the defenders were unable to show special cause. Relief under rule 43.6(8) does not apply to witness lists. The Practice Note does not override the requirements of the Chapter 43 rules.

Citation
[2013] ScotCS CSOH_178
Parties
Pursuer: Fiona Smith; Defender: Greater Glasgow & Clyde NHS Health Board
Jurisdiction
Scotland
Judgment Date
20 November 2013
Procedural Posture
Personal Injuries Action / Interlocutory Application Prior to Proof
Outcome
Defenders' motion refused; leave to reclaim refused.
Legal Topics
Late Lodging of Witness Lists, Variation of Court Timetable, Sanctions for Procedural Default
Civil Procedure Personal Injury Late Lodging of Witness Lists Variation of Court Timetable Sanctions for Procedural Default

Case Brief

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Parties

Fiona Smith

Pursuer

Greater Glasgow & Clyde NHS Health Board

Defender

Procedural Posture

Personal Injuries Action / Interlocutory Application Prior to Proof

Legal Issues

  1. 1 Whether the court should allow the defenders' list of witnesses to be received late in a Chapter 43 personal injuries action
  2. 2 Whether relief for late lodging of witness lists is available under the rules or practice note
  3. 3 Whether special cause is required to vary the timetable for lodging witness lists

Ratio Decidendi

The court refused the defenders' motion to allow their list of witnesses to be received late because Chapter 43 provides no power to do so except on special cause shown under rule 43.8, and the defenders were unable to show special cause. Relief under rule 43.6(8) does not apply to witness lists. The Practice Note does not override the requirements of the Chapter 43 rules.

Court Disposition

Defenders' motion refused; leave to reclaim refused.

Orders

  • Defenders' motion to allow late lodging of witness list refused.
  • Leave to reclaim refused.