Benson & Ors v Scottish Lion Engineering Ltd [2001] ScotCS 224 (3 October 2001)

Benson & Ors v Scottish Lion Engineering Ltd [2001] ScotCS 224 (3 October 2001)

The document lodged by the pursuers, though deficient, impliedly contained questions for the jury regarding damages; cause was shown for the omission of a liability question, and it would be unjust to deny a jury trial; amendment to include a liability question and approval of the issue was appropriate.

Citation
[2001] ScotCS 224
Parties
Pursuers: Thomas Benson and Others; Defenders: Scottish Lion Engineering Limited
Jurisdiction
Scotland
Judgment Date
03 October 2001
Procedural Posture
Civil Action for Damages / Motion for Approval of Proposed Issue for Jury Trial
Outcome
Proposed issue allowed to be amended and approved
Legal Topics
Mesothelioma, Asbestos Exposure, Jury Trial Procedure, Damages Assessment
Personal Injury Civil Procedure Mesothelioma Asbestos Exposure Jury Trial Procedure Damages Assessment

Case Brief

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Parties

Thomas Benson and Others

Pursuers

Scottish Lion Engineering Limited

Defenders

Procedural Posture

Civil Action for Damages / Motion for Approval of Proposed Issue for Jury Trial

Legal Issues

  1. 1 Whether the pursuers are entitled to a jury trial despite procedural defects in lodging the proposed issue
  2. 2 Whether the document lodged constitutes a valid proposed issue
  3. 3 Appropriateness of amending the proposed issue to include a question on liability

Ratio Decidendi

The document lodged by the pursuers, though deficient, impliedly contained questions for the jury regarding damages; cause was shown for the omission of a liability question, and it would be unjust to deny a jury trial; amendment to include a liability question and approval of the issue was appropriate.

Court Disposition

Proposed issue allowed to be amended and approved

Orders

  • Proposed issue amended at the Bar to include liability question
  • Issue approved as amended