Scott & Ors v Vieregge [2005] ScotCS CSOH_42 (22 March 2005)

Scott & Ors v Vieregge [2005] ScotCS CSOH_42 (22 March 2005)

The claims for loss of support and services, even if involving some factual complexity or multiple periods, do not present such difficulty as to constitute special cause for withholding jury trial. The assessment of damages in these circumstances is a broad jury question, and the existence of multiple dependants or fluctuating support is not a bar to jury trial. The maternal grandmother's claim for loss of support is not so doubtful as to render the case unsuitable for jury trial.

Citation
[2005] ScotCS CSOH_42
Parties
Pursuers: Colin Scott and Others; Defender: Justin Vieregge
Jurisdiction
Scotland
Judgment Date
22 March 2005
Procedural Posture
Personal Injury (fatal Accident) Action / Motion for Allowance of Issues for Jury Trial
Outcome
Pursuers' motion for allowance of issues for jury trial granted.
Legal Topics
Loss of Support, Loss of Services, Jury Trial, Special Cause, Damages (scotland) Act 1976, Administration of Justice Act 1982
Personal Injury Civil Procedure Loss of Support Loss of Services Jury Trial Special Cause Damages (scotland) Act 1976 Administration of Justice Act 1982

Case Brief

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Parties

Colin Scott and Others

Pursuers

Justin Vieregge

Defender

Procedural Posture

Personal Injury (fatal Accident) Action / Motion for Allowance of Issues for Jury Trial

Legal Issues

  1. 1 Whether the complexity of claims for loss of support and loss of services constitutes 'special cause' to withhold jury trial
  2. 2 Whether the maternal grandmother's claim for loss of support is so doubtful as to render the case unsuitable for jury trial

Ratio Decidendi

The claims for loss of support and services, even if involving some factual complexity or multiple periods, do not present such difficulty as to constitute special cause for withholding jury trial. The assessment of damages in these circumstances is a broad jury question, and the existence of multiple dependants or fluctuating support is not a bar to jury trial. The maternal grandmother's claim for loss of support is not so doubtful as to render the case unsuitable for jury trial.

Court Disposition

Pursuers' motion for allowance of issues for jury trial granted.

Orders

  • Allowance of issues for trial by jury granted.