Fettes & Ors v. Lynch & Ors [2002] ScotCS 277 (17 October 2002)

The court held that the pursuers' averments of psychiatric injury are relevant and sufficient to proceed, rejecting the defenders' contention of doubtful relevancy.

Citation: [2002] ScotCS 277
Parties: Pursuers: Charles Bruce Fettes and Others; Defenders: David Herd Lynch and Others
Jurisdiction: Scotland
Judgment Date: 17 October 2002
Procedural Posture: Action of Damages / Procedure Roll Hearing
Outcome: Defenders' first and other preliminary pleas repelled; issues allowed; expenses reserved.
Legal Topics: Psychiatric Injury, Damages for Bereavement, Pleadings Relevancy

Tort Law Personal Injury Psychiatric Injury Damages for Bereavement Pleadings Relevancy

Case Brief

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Parties

Charles Bruce Fettes and Others

Pursuers

David Herd Lynch and Others

Defenders

Procedural Posture

Action of Damages / Procedure Roll Hearing

Legal Issues

1 Whether the pursuers' averments of psychiatric injury are relevant and sufficient to proceed to proof
2 Whether the defenders' preliminary pleas should be upheld

Ratio Decidendi

The court held that the pursuers' averments of psychiatric injury are relevant and sufficient to proceed, rejecting the defenders' contention of doubtful relevancy.

Court Disposition

Defenders' first and other preliminary pleas repelled; issues allowed; expenses reserved.

Orders

Repel defenders' respective first pleas-in-law
Repel other preliminary pleas