Livingstone v. Fife Council [2004] ScotCS 9 (13 January 2004)

Livingstone v. Fife Council [2004] ScotCS 9 (13 January 2004)

The defenders failed to show special cause for withholding the case from jury trial. Complexity of psychiatric evidence and causation issues do not render the case unsuitable for jury trial. The assessment of damages for solatium is a matter for a jury, and the jury will be capable of understanding and deciding the issues with appropriate judicial directions.

Citation
[2004] ScotCS 9
Parties
Pursuer: William Livingstone; Defender: Fife Council
Jurisdiction
Scotland
Judgment Date
13 January 2004
Procedural Posture
Civil Damages for Personal Injury / Procedure Roll Hearing on Suitability for Jury Trial
Outcome
Defenders' first plea-in-law repelled; issues allowed for jury trial.
Legal Topics
Vicarious Liability, Sexual Abuse, Psychiatric Injury, Jury Trial, Assessment of Damages
Tort Law Personal Injury Civil Procedure Vicarious Liability Sexual Abuse Psychiatric Injury Jury Trial Assessment of Damages

Case Brief

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Parties

William Livingstone

Pursuer

Fife Council

Defender

Procedural Posture

Civil Damages for Personal Injury / Procedure Roll Hearing on Suitability for Jury Trial

Legal Issues

  1. 1 Whether the case is suitable for jury trial given the complexity of psychiatric evidence and causation issues
  2. 2 Whether the defenders have shown special cause to withhold the case from jury trial

Ratio Decidendi

The defenders failed to show special cause for withholding the case from jury trial. Complexity of psychiatric evidence and causation issues do not render the case unsuitable for jury trial. The assessment of damages for solatium is a matter for a jury, and the jury will be capable of understanding and deciding the issues with appropriate judicial directions.

Court Disposition

Defenders' first plea-in-law repelled; issues allowed for jury trial.

Orders

  • Repel defenders' first plea-in-law
  • Allow issues for jury trial