King (AP) v James Lamont & Company Ltd & Anor [2001] ScotCS 183 (6 July 2001)

King (AP) v James Lamont & Company Ltd & Anor [2001] ScotCS 183 (6 July 2001)

The pursuer's pleadings provide fair and adequate notice of the case to be made, and the absence of detailed apportionment of causation does not prejudice the defenders, especially given access to medical expertise. The attack on the relevancy of the pursuer's averments cannot succeed at this stage.

Citation
[2001] ScotCS 183
Parties
Pursuer: Thomas King; First Defender: James Lamont & Company Limited; Second Defender: British Shipbuilders Limited
Jurisdiction
Scotland
Judgment Date
06 July 2001
Procedural Posture
Personal Injury Action / Procedure Roll Hearing on Defenders' Pleas
Outcome
Defenders' pleas reserved; pursuer's plea to relevancy reserved; pursuer awarded expenses of the hearing.
Legal Topics
Limitation and Prescription, Causation, Specification of Pleadings
Personal Injury Employment Law Limitation and Prescription Causation Specification of Pleadings

Case Brief

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Parties

Thomas King

Pursuer

James Lamont & Company Limited

First Defender

British Shipbuilders Limited

Second Defender

Procedural Posture

Personal Injury Action / Procedure Roll Hearing on Defenders' Pleas

Legal Issues

  1. 1 Whether the action is time barred
  2. 2 Whether the pursuer's averments regarding housework are irrelevant and lacking in specification
  3. 3 Whether the pursuer's pleadings sufficiently specify the causal relationship between his disability and exposure to fumes versus cigarette smoking

Ratio Decidendi

The pursuer's pleadings provide fair and adequate notice of the case to be made, and the absence of detailed apportionment of causation does not prejudice the defenders, especially given access to medical expertise. The attack on the relevancy of the pursuer's averments cannot succeed at this stage.

Court Disposition

Defenders' pleas reserved; pursuer's plea to relevancy reserved; pursuer awarded expenses of the hearing.

Orders

  • Reserve second plea-in-law for defenders
  • Reserve pursuer's plea to relevancy