Monaghan v. United Co-operative Baking Society Ltd [1917] ScotLR 211 (26 October 1917)

Monaghan v. United Co-operative Baking Society Ltd [1917] ScotLR 211 (26 October 1917)

The pursuer's averments were too general and lacked sufficient specification to justify treating the case as suitable for jury trial; the statutory threshold for damages was not met on the pleadings, and the case should be remitted back to the Sheriff Court for proof.

Citation
[1917] ScotLR 211
Parties
Pursuer: Joseph Monaghan (on behalf of Robert Wyllie Monaghan, a pupil child); Defender: United Co-operative Baking Society Ltd.
Jurisdiction
Scotland
Judgment Date
26 October 1917
Procedural Posture
Personal Injury/reparation / Application for Remit to Court of Session for Jury Trial
Outcome
Remitted to Sheriff Court for proof; jury trial refused.
Legal Topics
Remit for Jury Trial, Damages Threshold, Personal Injury, Sheriff Courts (scotland) Act 1907
Civil Procedure Tort Law Remit for Jury Trial Damages Threshold Personal Injury Sheriff Courts (scotland) Act 1907

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Parties

Joseph Monaghan (on behalf of Robert Wyllie Monaghan, a pupil child)

Pursuer

United Co-operative Baking Society Ltd.

Defender

Procedural Posture

Personal Injury/reparation / Application for Remit to Court of Session for Jury Trial

Legal Issues

  1. 1 Whether the pursuer's averments justified remitting the case to the Court of Session for jury trial under Sheriff Courts (Scotland) Act 1907, sec. 30
  2. 2 Whether the claimed damages exceeded the statutory threshold and were sufficiently specified

Ratio Decidendi

The pursuer's averments were too general and lacked sufficient specification to justify treating the case as suitable for jury trial; the statutory threshold for damages was not met on the pleadings, and the case should be remitted back to the Sheriff Court for proof.

Court Disposition

Remitted to Sheriff Court for proof; jury trial refused.

Orders

  • Cause remitted back to the Sheriff Court for proof.