Walker v. Knowles & Sons [1902] ScotLR 39_291 (08 January 1902)

The nature and character of the case, including local facts and witness convenience, render it inappropriate for jury trial in the Court of Session; it should be remitted to the Sheriff for proof.

Citation: [1902] ScotLR 39_291
Parties: Pursuer/appellant: Mary Jane Walker; Defender/respondent: Knowles & Sons
Jurisdiction: Scotland
Judgment Date: 08 January 1902
Procedural Posture: Appeal for Jury Trial in Damages Action / Appeal Dismissed, Remit to Sheriff for Proof
Outcome: appeal dismissed, remit to Sheriff for proof
Legal Topics: Damages for Interference With Business, Landlord and Tenant, Remit for Proof, Jury Trial Eligibility

Property Law Tort Law Civil Procedure Damages for Interference With Business Landlord and Tenant Remit for Proof Jury Trial Eligibility

Case Brief

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Parties

Mary Jane Walker

Pursuer/appellant

Knowles & Sons

Defender/respondent

Procedural Posture

Appeal for Jury Trial in Damages Action / Appeal Dismissed, Remit to Sheriff for Proof

Legal Issues

1 Whether the case should proceed to jury trial or be remitted for proof before the Sheriff
2 Whether the nature of the alleged injuries and local character warrant trial in the Court of Session

Ratio Decidendi

The nature and character of the case, including local facts and witness convenience, render it inappropriate for jury trial in the Court of Session; it should be remitted to the Sheriff for proof.

Court Disposition

appeal dismissed, remit to Sheriff for proof

Orders

Refuse motion for jury trial
Dismiss appeal