Mitchell & Ors v Advocate General for Scotland & Anor [2015] ScotCS CSOH_2 (09 January 2015)

Mitchell & Ors v Advocate General for Scotland & Anor [2015] ScotCS CSOH_2 (09 January 2015)

Section 22(4) of the Prescription and Limitation (Scotland) Act 1973 does not preclude a jury trial in a claim under section 18 where the claim is raised within the three-year period specified in section 18(2)(a) and does not depend on section 18(2)(b). The reference to 'the said subsection (2)(b)' in section 22(4) should be construed as referring to the applicable subsection for the type of claim brought.

Citation
[2015] ScotCS CSOH_2
Parties
Pursuers: Andrew James Mitchell and Others; Defenders: Advocate General for Scotland and Another
Jurisdiction
Scotland
Judgment Date
09 January 2015
Procedural Posture
Civil Damages for Personal Injury (mesothelioma) / Interlocutory Motion to Allow Issues (jury Trial)
Outcome
Pursuers' motion granted; issues allowed (jury trial permitted)
Legal Topics
Limitation of Actions, Jury Trial, Mesothelioma, Damages (scotland) Act 2011, Prescription and Limitation (scotland) Act 1973
Personal Injury Civil Procedure Statutory Interpretation Limitation of Actions Jury Trial Mesothelioma Damages (scotland) Act 2011 Prescription and Limitation (scotland) Act 1973

Case Brief

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Parties

Andrew James Mitchell and Others

Pursuers

Advocate General for Scotland and Another

Defenders

Procedural Posture

Civil Damages for Personal Injury (mesothelioma) / Interlocutory Motion to Allow Issues (jury Trial)

Legal Issues

  1. 1 Whether section 22(4) of the Prescription and Limitation (Scotland) Act 1973 precludes a jury trial in a claim under section 18 where the deceased's claim would have relied on section 17(2)(b)
  2. 2 Proper construction of 'the said subsection (2)(b)' in section 22(4)

Ratio Decidendi

Section 22(4) of the Prescription and Limitation (Scotland) Act 1973 does not preclude a jury trial in a claim under section 18 where the claim is raised within the three-year period specified in section 18(2)(a) and does not depend on section 18(2)(b). The reference to 'the said subsection (2)(b)' in section 22(4) should be construed as referring to the applicable subsection for the type of claim brought.

Court Disposition

Pursuers' motion granted; issues allowed (jury trial permitted)

Orders

  • Allow issues (permit jury trial)