MCGINLEY OR MCLEAN AND OTHERS AGAINST FAIRFIELD SHIPBUILDING LIMITED AND ANOTHER [2019] ScotCS CSOH_33 (09 April 2019)

MCGINLEY OR MCLEAN AND OTHERS AGAINST FAIRFIELD SHIPBUILDING LIMITED AND ANOTHER [2019] ScotCS CSOH_33 (09 April 2019)

Section 22(4) of the 1973 Act refers to the applicable subsection 2(b) (here, section 18(2)(b)), and since the pursuers' rights of action arose upon the death of the deceased and were raised within three years, they do not require to rely on section 17(2)(b). Therefore, the statutory bar to a jury trial does not apply and the motion to allow issues (jury trial) is granted.

Citation
[2019] ScotCS CSOH_33
Parties
Pursuers: Lorna McGinley or McLean and Others; First Defender: Fairfield Shipbuilding Ltd.; Second Defender: Another (not named)
Jurisdiction
Scotland
Judgment Date
09 April 2019
Procedural Posture
Personal Injury/damages Action / Motion to Allow Issues (jury Trial)
Outcome
Motion to allow issues (jury trial) granted
Legal Topics
Limitation of Actions, Jury Trial, Asbestos Exposure, Mesothelioma, Damages for Death
Personal Injury Civil Procedure Limitation of Actions Jury Trial Asbestos Exposure Mesothelioma Damages for Death

Case Brief

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Parties

Lorna McGinley or McLean and Others

Pursuers

Fairfield Shipbuilding Ltd.

First Defender

Another (not named)

Second Defender

Procedural Posture

Personal Injury/damages Action / 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 this case
  2. 2 Interpretation of 'said subsection 2(b)' in section 22(4) in the context of claims by executors and relatives under section 18

Ratio Decidendi

Section 22(4) of the 1973 Act refers to the applicable subsection 2(b) (here, section 18(2)(b)), and since the pursuers' rights of action arose upon the death of the deceased and were raised within three years, they do not require to rely on section 17(2)(b). Therefore, the statutory bar to a jury trial does not apply and the motion to allow issues (jury trial) is granted.

Court Disposition

Motion to allow issues (jury trial) granted

Orders

  • Issues allowed for jury trial