May & Anor v. Jeeves Parcels Ltd (t/a ANC (Aberdeen)) & Anor [2005] ScotCS CSOH_71 (03 June 2005)
The pleadings and statements of valuation, though incomplete and lacking precise quantification, provide sufficient specification to allow a judge to direct a jury on the extent of the claims. No special cause exists to withhold the case from jury trial.
- Citation
- [2005] ScotCS CSOH_71
- Parties
- Pursuer: David May; Pursuer: Barbara Susan Mackie Hammond or May; Defender: Jeeves Parcels Limited t/a ANC (Aberdeen)
- Jurisdiction
- Scotland
- Judgment Date
- 03 June 2005
- Procedural Posture
- Personal Injury Damages / Motion for Issues to Be Allowed for Jury Trial
- Outcome
- defenders' motion refused; issues allowed for jury trial
- Legal Topics
- Damages, Jury Trial, Services Claims, Pleadings Specification
Case Brief
Summary, issues, holding and outcome
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Parties
David May
Pursuer
Barbara Susan Mackie Hammond or May
Pursuer
Jeeves Parcels Limited t/a ANC (Aberdeen)
Defender
Procedural Posture
Personal Injury Damages / Motion for Issues to Be Allowed for Jury Trial
Legal Issues
- 1 Whether lack of specification in pursuers' pleadings and statements of valuation of claim constitutes special cause to withhold case from jury trial
- 2 Adequacy of pleadings and valuation statements for jury directions
Ratio Decidendi
The pleadings and statements of valuation, though incomplete and lacking precise quantification, provide sufficient specification to allow a judge to direct a jury on the extent of the claims. No special cause exists to withhold the case from jury trial.
Court Disposition
defenders' motion refused; issues allowed for jury trial
Orders
- Issues allowed; case to proceed to jury trial
Full Case Text
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