Robertson & Anor v Smith [2000] ScotCS 203 (19 July 2000)

Robertson & Anor v Smith [2000] ScotCS 203 (19 July 2000)

There is neither deficiency in averment nor undue complexity in evidence; the action is suitable for jury trial as the Ogden Tables can be applied with judicial guidance, and no substantive averments require departure from standard adjustments.

Citation
[2000] ScotCS 203
Parties
Pursuer and Respondent: Brian Murray Robertson; Pursuer: Brian Robertson (A.P.); Defender and Appellant: Kevin Smith
Jurisdiction
Scotland
Judgment Date
19 July 2000
Procedural Posture
Reclaiming Motion / Appeal Against Interlocutor Repelling Preliminary Pleas and Allowing Issues
Outcome
reclaiming motion refused
Legal Topics
Future Loss of Earnings, Jury Trial Suitability, Use of Ogden Tables
Personal Injury Civil Procedure Future Loss of Earnings Jury Trial Suitability Use of Ogden Tables

Case Brief

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Parties

Brian Murray Robertson

Pursuer and Respondent

Brian Robertson (A.P.)

Pursuer

Kevin Smith

Defender and Appellant

Procedural Posture

Reclaiming Motion / Appeal Against Interlocutor Repelling Preliminary Pleas and Allowing Issues

Legal Issues

  1. 1 Is the action suitable for jury trial given the use of Ogden Tables for quantifying future loss of earnings?
  2. 2 Is there sufficient precision in averment for jury trial post-Wells v Wells?
  3. 3 Does the complexity of evidence preclude jury trial?

Ratio Decidendi

There is neither deficiency in averment nor undue complexity in evidence; the action is suitable for jury trial as the Ogden Tables can be applied with judicial guidance, and no substantive averments require departure from standard adjustments.

Court Disposition

reclaiming motion refused

Orders

  • defender's 8th plea-in-law repelled
  • adhere to Lord Ordinary's interlocutor quoad ultra