Alexander v. (First) Metbro Ltd & Anor [2004] ScotCS 207 (19 August 2004)

Alexander v. (First) Metbro Ltd & Anor [2004] ScotCS 207 (19 August 2004)

Under the new personal injuries rules in the Court of Session, defences containing pleas-in-law will not be accepted. Legal propositions should be stated briefly in the final paragraph of the defences, not as formal pleas-in-law, to maintain the simplicity and uniformity intended by the new procedure.

Citation
[2004] ScotCS 207
Parties
Pursuer: Harold Channer Alexander; First Defender: Metbro Limited; Second Defender: Shipbreaking Industries Limited
Jurisdiction
Scotland
Judgment Date
19 August 2004
Procedural Posture
Personal Injuries Action / Interlocutory Ruling on Form of Defences Under New Personal Injuries Rules
Outcome
Defences containing pleas-in-law not accepted; defenders must submit defences without pleas-in-law.
Legal Topics
Pleadings, Court Rules, Provisional Damages, Time Bar, Jury Trial, Apportionment of Liability
Civil Procedure Personal Injury Pleadings Court Rules Provisional Damages Time Bar Jury Trial Apportionment of Liability

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Parties

Harold Channer Alexander

Pursuer

Metbro Limited

First Defender

Shipbreaking Industries Limited

Second Defender

Procedural Posture

Personal Injuries Action / Interlocutory Ruling on Form of Defences Under New Personal Injuries Rules

Legal Issues

  1. 1 Whether pleas-in-law are competent or necessary in defences to personal injuries actions under the new Court of Session rules

Ratio Decidendi

Under the new personal injuries rules in the Court of Session, defences containing pleas-in-law will not be accepted. Legal propositions should be stated briefly in the final paragraph of the defences, not as formal pleas-in-law, to maintain the simplicity and uniformity intended by the new procedure.

Court Disposition

Defences containing pleas-in-law not accepted; defenders must submit defences without pleas-in-law.

Orders

  • General Department to refuse defences containing pleas-in-law in personal injuries actions under the new rules.
  • Defenders to state legal propositions briefly in the final paragraph of defences.