McCafferty & Ors v Scott's Caravans & Ors [2011] ScotCS CSOH_16 (27 January 2011)

McCafferty & Ors v Scott's Caravans & Ors [2011] ScotCS CSOH_16 (27 January 2011)

There was no special cause established to withhold the right to a jury trial. The technical evidence was not so complex as to be unsuitable for a jury, the duty of care was sufficiently specified, and there was no factual overlap between the heads of claim that would risk double compensation.

Citation
[2011] ScotCS CSOH_16
Parties
Pursuers: Gwenneth Ann McCafferty & Others; Defenders: Scott's Caravans & Others
Jurisdiction
Scotland
Judgment Date
27 January 2011
Procedural Posture
Personal Injuries Action / Motion for Issues to Be Allowed (jury Trial) Versus Proof (judge Trial)
Outcome
Motion for issues (jury trial) allowed; defenders' counter-motion for proof refused.
Legal Topics
Negligence, Duty of Care, Causation, Damages, Jury Trial Procedure
Tort Personal Injury Negligence Duty of Care Causation Damages Jury Trial Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Gwenneth Ann McCafferty & Others

Pursuers

Scott's Caravans & Others

Defenders

Procedural Posture

Personal Injuries Action / Motion for Issues to Be Allowed (jury Trial) Versus Proof (judge Trial)

Legal Issues

  1. 1 Whether there is 'special cause' to withhold the case from a jury and proceed by proof due to technical complexity, doubtful relevancy of averments of fault, or risk of overlapping heads of claim.

Ratio Decidendi

There was no special cause established to withhold the right to a jury trial. The technical evidence was not so complex as to be unsuitable for a jury, the duty of care was sufficiently specified, and there was no factual overlap between the heads of claim that would risk double compensation.

Court Disposition

Motion for issues (jury trial) allowed; defenders' counter-motion for proof refused.

Orders

  • Issues allowed for jury trial.
  • Counter-motion for proof refused.