McLaughlin v Shaw [2000] ScotCS 126 (17 May 2000)

McLaughlin v Shaw [2000] ScotCS 126 (17 May 2000)

The pursuer's pleadings are sufficiently specific to allow a jury to assess damages for future loss of earnings and employability, and the defender's averments regarding the Disability Discrimination Act 1995 are only relevant insofar as they relate to mitigation of economic loss, but speculative averments about employer unlawfully failing to comply with statutory duties are excluded from probation.

Citation
[2000] ScotCS 126
Parties
Pursuer: Martin McLaughlin; Defender: Lyndsay Shaw
Jurisdiction
Scotland
Judgment Date
17 May 2000
Procedural Posture
Personal Injury Action / Procedure Roll Debate
Outcome
Issues allowed for jury trial; plea to relevancy and lack of specification for pursuer repelled; first two preliminary pleas for defender repelled; certain averments excluded from probation.
Legal Topics
Road Traffic Accident, Loss of Earnings, Disability Discrimination Act 1995, Jury Trial, Specification of Pleadings
Tort Employment Law Road Traffic Accident Loss of Earnings Disability Discrimination Act 1995 Jury Trial Specification of Pleadings

Case Brief

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Parties

Martin McLaughlin

Pursuer

Lyndsay Shaw

Defender

Procedural Posture

Personal Injury Action / Procedure Roll Debate

Legal Issues

  1. 1 Whether pursuer's averments regarding future loss of earnings and employability are sufficiently specified for jury trial
  2. 2 Relevancy of defender's averments concerning Disability Discrimination Act 1995

Ratio Decidendi

The pursuer's pleadings are sufficiently specific to allow a jury to assess damages for future loss of earnings and employability, and the defender's averments regarding the Disability Discrimination Act 1995 are only relevant insofar as they relate to mitigation of economic loss, but speculative averments about employer unlawfully failing to comply with statutory duties are excluded from probation.

Court Disposition

Issues allowed for jury trial; plea to relevancy and lack of specification for pursuer repelled; first two preliminary pleas for defender repelled; certain averments excluded from probation.

Orders

  • Allow issues for jury trial
  • Repel plea to relevancy and lack of specification for pursuer