Jones v. Leslie [2004] ScotCS 115 (19 May 2004)

Jones v. Leslie [2004] ScotCS 115 (19 May 2004)

The absence of specific identification of relatives and services in the pleadings renders the claim for services under section 8 insufficiently specified, making the cause unsuitable for jury trial.

Citation
[2004] ScotCS 115
Parties
Pursuer: Angela Jones; Defenders: M. K. Leslie Limited
Jurisdiction
Scotland
Judgment Date
19 May 2004
Procedural Posture
Personal Injury Action (road Traffic Accident) / Motion for Allowance of Jury Trial
Outcome
Pursuer's motion for jury trial refused
Legal Topics
Pleadings, Specification of Claim, Jury Trial Eligibility, Section 8 Administration of Justice (scotland) Act 1982
Civil Procedure Personal Injury Pleadings Specification of Claim Jury Trial Eligibility Section 8 Administration of Justice (scotland) Act 1982

Case Brief

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Parties

Angela Jones

Pursuer

M. K. Leslie Limited

Defenders

Procedural Posture

Personal Injury Action (road Traffic Accident) / Motion for Allowance of Jury Trial

Legal Issues

  1. 1 Whether a statement of valuation of claim can substitute for proper specification in pleadings regarding services claims under section 8 of the Administration of Justice (Scotland) Act 1982
  2. 2 Whether failure to specify relatives and services in pleadings renders the case unsuitable for jury trial

Ratio Decidendi

The absence of specific identification of relatives and services in the pleadings renders the claim for services under section 8 insufficiently specified, making the cause unsuitable for jury trial.

Court Disposition

Pursuer's motion for jury trial refused

Orders

  • Refusal of motion to allow jury trial