Johnston Or McAllister v MacKechnie [2000] ScotCS 275 (3 November 2000)

Johnston Or McAllister v MacKechnie [2000] ScotCS 275 (3 November 2000)

The court held that the pursuer's pleadings, as amended, provided sufficient specification to give fair notice to the defender and to allow the case to proceed to jury trial. The tasks required of the jury, though multiple, were not cumulatively complex and were within the competence of a jury. Accordingly, the pleas-in-law challenging relevancy and suitability for jury trial were repelled.

Citation
[2000] ScotCS 275
Parties
Pursuer: Mrs Susan Johnson or McAllister; Defender: Gordon Neil MacKechnie
Jurisdiction
Scotland
Judgment Date
03 November 2000
Procedural Posture
Civil Action for Damages (loss of Support, Injury, and Damage Following Fatal Accident) / Interlocutory Judgment on Relevancy and Suitability for Jury Trial
Outcome
Pleas-in-law challenging relevancy and suitability for jury trial repelled; case to proceed to jury trial; no expenses due to or by either party.
Legal Topics
Loss of Support, Specification of Pleadings, Jury Trial Suitability, Damages Assessment
Civil Procedure Personal Injury Family Law Loss of Support Specification of Pleadings Jury Trial Suitability Damages Assessment

Case Brief

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Parties

Mrs Susan Johnson or McAllister

Pursuer

Gordon Neil MacKechnie

Defender

Procedural Posture

Civil Action for Damages (loss of Support, Injury, and Damage Following Fatal Accident) / Interlocutory Judgment on Relevancy and Suitability for Jury Trial

Legal Issues

  1. 1 Whether the pursuer's pleadings regarding loss of support are sufficiently specified to give fair notice and allow the case to proceed to jury trial
  2. 2 Whether the case is suitable for jury trial given the alleged complexity of the calculations required

Ratio Decidendi

The court held that the pursuer's pleadings, as amended, provided sufficient specification to give fair notice to the defender and to allow the case to proceed to jury trial. The tasks required of the jury, though multiple, were not cumulatively complex and were within the competence of a jury. Accordingly, the pleas-in-law challenging relevancy and suitability for jury trial were repelled.

Court Disposition

Pleas-in-law challenging relevancy and suitability for jury trial repelled; case to proceed to jury trial; no expenses due to or by either party.

Orders

  • Repel first, second, and third pleas-in-law for the defender.
  • Case to proceed to jury trial.