Forey v. RHI Refractories (UK) [2004] ScotCS 59 (09 March 2004)
Given the pursuer's concession that only primary victim status is claimed and the limitation of evidence accordingly, the pleadings allow for adequate jury direction; thus, there is no special cause to withhold the case from jury trial.
- Citation
- [2004] ScotCS 59
- Parties
- Pursuer: John Walker Forey; Defenders: RHI Refractories (UK) Ltd
- Jurisdiction
- Scotland
- Judgment Date
- 09 March 2004
- Procedural Posture
- Personal Injury Action / Interlocutory Decision on Suitability for Jury Trial
- Outcome
- Defenders' preliminary pleas repelled; issues allowed; no expenses due to or by either party for the procedure roll discussion.
- Legal Topics
- Psychiatric Injury, Primary and Secondary Victims, Jury Trial, Pleading Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
John Walker Forey
Pursuer
RHI Refractories (UK) Ltd
Defenders
Procedural Posture
Personal Injury Action / Interlocutory Decision on Suitability for Jury Trial
Legal Issues
- 1 Whether the pursuer is a primary or secondary victim for the purposes of psychiatric injury claim
- 2 Whether the case should be withheld from jury trial due to complex legal issues
Ratio Decidendi
Given the pursuer's concession that only primary victim status is claimed and the limitation of evidence accordingly, the pleadings allow for adequate jury direction; thus, there is no special cause to withhold the case from jury trial.
Court Disposition
Defenders' preliminary pleas repelled; issues allowed; no expenses due to or by either party for the procedure roll discussion.
Orders
- Repel defenders' preliminary pleas 1 and 2
- Repel pursuer's third plea-in-law
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