MacIntosh v Findlay & Anor [2000] ScotCS 39 (11 February 2000)

MacIntosh v Findlay & Anor [2000] ScotCS 39 (11 February 2000)

The combination of the need to prove paternity on a balance of probabilities and the lack of evidence regarding the deceased's willingness and ability to provide financial support rendered the case too speculative and difficult for a jury, constituting special cause to withhold the case from jury trial.

Citation
[2000] ScotCS 39
Parties
Pursuer: Lynsey MacIntosh (on behalf of Liam Matthew Jackson MacIntosh); Defenders: Alexander Findlay and Mrs. Ann Findlay
Jurisdiction
Scotland
Judgment Date
11 February 2000
Procedural Posture
Civil (damages for Wrongful Death) / Motion for Jury Trial; Determination of Special Cause
Outcome
Pursuer's motion for jury trial refused; defenders' first plea-in-law sustained.
Legal Topics
Damages for Wrongful Death, Posthumous Child Claims, Jury Trial Suitability, Loss of Support, Loss of Society, Grief Damages
Tort Family Law Civil Procedure Damages for Wrongful Death Posthumous Child Claims Jury Trial Suitability Loss of Support Loss of Society +1 more

Case Brief

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Parties

Lynsey MacIntosh (on behalf of Liam Matthew Jackson MacIntosh)

Pursuer

Alexander Findlay and Mrs. Ann Findlay

Defenders

Procedural Posture

Civil (damages for Wrongful Death) / Motion for Jury Trial; Determination of Special Cause

Legal Issues

  1. 1 Whether a posthumous child can claim damages for loss of support, society, and grief under the Damages (Scotland) Act 1976
  2. 2 Whether special cause exists to render the case unsuitable for jury trial

Ratio Decidendi

The combination of the need to prove paternity on a balance of probabilities and the lack of evidence regarding the deceased's willingness and ability to provide financial support rendered the case too speculative and difficult for a jury, constituting special cause to withhold the case from jury trial.

Court Disposition

Pursuer's motion for jury trial refused; defenders' first plea-in-law sustained.

Orders

  • Case withheld from jury trial; to proceed before a judge.