Sharples v. Walter Yuill & Co. [1905] ScotLR 42_538 (23 May 1905)
The Court held that the statutory threshold for jury trial is £40, and unless the claim is facially incapable of reaching that amount, jury trial should not be refused. The case was appropriate for jury trial and the Court allowed an issue for jury trial.
- Citation
- [1905] ScotLR 42_538
- Parties
- Pursuer/appellant: Cecilia Sharpies; Defenders/respondents: Walter Yuill & Company
- Jurisdiction
- Scotland
- Judgment Date
- 23 May 1905
- Procedural Posture
- Appeal for Jury Trial / Post Proof Order, Appeal From Sheriff Court to Court of Session
- Outcome
- issue allowed for jury trial
- Legal Topics
- Jury Trial, Criteria for Suitability of Jury Trial, Remit to Sheriff Court, Damages, Employers' Liability Act
Case Brief
Summary, issues, holding and outcome
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Parties
Cecilia Sharpies
Pursuer/appellant
Walter Yuill & Company
Defenders/respondents
Procedural Posture
Appeal for Jury Trial / Post Proof Order, Appeal From Sheriff Court to Court of Session
Legal Issues
- 1 Whether the case should be tried by jury or remitted to the Sheriff Court due to its alleged trifling nature
- 2 Criteria for suitability of jury trial under Judicature Act and Court of Session Act
Ratio Decidendi
The Court held that the statutory threshold for jury trial is £40, and unless the claim is facially incapable of reaching that amount, jury trial should not be refused. The case was appropriate for jury trial and the Court allowed an issue for jury trial.
Court Disposition
issue allowed for jury trial
Orders
- case to proceed to jury trial
- issue allowed
Full Case Text
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