Cheesman v. International Travel Service Ltd [2005] ScotCS CSOH_164 (08 December 2005)

Cheesman v. International Travel Service Ltd [2005] ScotCS CSOH_164 (08 December 2005)

The motion for jury trial was refused because the case involved too many complex questions of mixed fact and law, making it unsuitable for a jury and constituting special cause to deny the motion.

Citation
[2005] ScotCS CSOH_164
Parties
Pursuer: Diana Cheesman; Defender: International Travel Service Limited
Jurisdiction
Scotland
Judgment Date
08 December 2005
Procedural Posture
Personal Injury Action / Interlocutory Motion for Jury Trial
Outcome
Pursuer's motion for jury trial refused
Legal Topics
Package Holiday Liability, Agency, Negligence, Jury Trial Suitability
Contract Law Tort Law Travel Law Package Holiday Liability Agency Negligence Jury Trial Suitability

Case Brief

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Parties

Diana Cheesman

Pursuer

International Travel Service Limited

Defender

Procedural Posture

Personal Injury Action / Interlocutory Motion for Jury Trial

Legal Issues

  1. 1 Whether the case is suitable for jury trial given complexity of mixed fact and law issues
  2. 2 Whether the optional excursion formed part of the package holiday contract
  3. 3 Whether the tour manager had actual or ostensible authority as agent for the defenders

Ratio Decidendi

The motion for jury trial was refused because the case involved too many complex questions of mixed fact and law, making it unsuitable for a jury and constituting special cause to deny the motion.

Court Disposition

Pursuer's motion for jury trial refused

Orders

  • Refusal of motion for jury trial
  • Expenses reserved