Pirrie and Another v. M'Neil [1922] ScotLR 162 (16 February 1922)

The Court held that the interlocutor allowing proof on joint motion did not preclude the pursuers from seeking a remit to the Court of Session for jury trial.

Citation: [1922] ScotLR 162
Parties: Pursuers and Appellants: Archibald Gillies Pirrie and Mrs Elizabeth Reynolds or Pirrie; Defender and Respondent: John M'Neil
Jurisdiction: Scotland
Judgment Date: 16 February 1922
Procedural Posture: Damages for Personal Injuries / Motion for Remit to Court of Session for Jury Trial
Outcome: issue allowed
Legal Topics: Remit From Sheriff Court to Court of Session, Competency of Jury Trial After Proof Allowed, Sheriff Courts (scotland) Act 1907 Section 30

Civil Procedure Remit From Sheriff Court to Court of Session Competency of Jury Trial After Proof Allowed Sheriff Courts (scotland) Act 1907 Section 30

Case Brief

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Parties

Archibald Gillies Pirrie and Mrs Elizabeth Reynolds or Pirrie

Pursuers and Appellants

John M'Neil

Defender and Respondent

Procedural Posture

Damages for Personal Injuries / Motion for Remit to Court of Session for Jury Trial

Legal Issues

1 Whether a joint motion for proof in the Sheriff Court bars a subsequent remit to the Court of Session for jury trial

Ratio Decidendi

The Court held that the interlocutor allowing proof on joint motion did not preclude the pursuers from seeking a remit to the Court of Session for jury trial.

Court Disposition

issue allowed

Orders

Court approved an issue for jury trial in the Court of Session