RECLAIMING MOTION BY DEPUY INTERNATIONAL LTD AGAINST ELIZABETH GILCHRIST [2023] ScotCS CSIH_47 (28 December 2023)

RECLAIMING MOTION BY DEPUY INTERNATIONAL LTD AGAINST ELIZABETH GILCHRIST [2023] ScotCS CSIH_47 (28 December 2023)

The Lord Ordinary's decision to appoint a single lead case and sist all other actions was not a reasonable exercise of discretion, failed to address differences between cases, did not properly consider pleadings or Article 6 ECHR rights, and was incompetent insofar as it purported to make orders in other actions.

Citation
[2023] ScotCS CSIH_47
Parties
Defender and Reclaimer: Depuy International Limited; Pursuer and Respondent: Elizabeth Gilchrist
Jurisdiction
Scotland
Judgment Date
28 December 2023
Procedural Posture
Reclaiming Motion (appeal) / Appeal From Lord Ordinary's Interlocutor on Case Management
Outcome
reclaiming motion allowed; interlocutor recalled; case remitted for further case management
Legal Topics
Case Management, Group Proceedings, Defective Medical Products, Statutory Interpretation, Article 6 ECHR
Civil Procedure Product Liability Case Management Group Proceedings Defective Medical Products Statutory Interpretation Article 6 ECHR

Case Brief

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Parties

Depuy International Limited

Defender and Reclaimer

Elizabeth Gilchrist

Pursuer and Respondent

Procedural Posture

Reclaiming Motion (appeal) / Appeal From Lord Ordinary's Interlocutor on Case Management

Legal Issues

  1. 1 Whether the Lord Ordinary erred in law and discretion by appointing a single lead case and sisting other actions
  2. 2 Whether the approach to case management was competent and reasonable
  3. 3 Whether Article 6 ECHR rights to determination within reasonable time were breached

Ratio Decidendi

The Lord Ordinary's decision to appoint a single lead case and sist all other actions was not a reasonable exercise of discretion, failed to address differences between cases, did not properly consider pleadings or Article 6 ECHR rights, and was incompetent insofar as it purported to make orders in other actions.

Court Disposition

reclaiming motion allowed; interlocutor recalled; case remitted for further case management

Orders

  • Recall of Lord Ordinary's interlocutor of 11 September 2023
  • Remit to Lord Ordinary to arrange for all MoM cases to call before him and address case management issues in light of court's observations and further submissions