Wells v Stenhouse [2000] ScotCS 157 (9 June 2000)

Wells v Stenhouse [2000] ScotCS 157 (9 June 2000)

The court held that neither the medical issues nor the averments of future wage loss, as amended, were sufficiently complex or unclear to constitute special cause for withholding the case from jury trial. The pleadings gave fair notice and any potential for double-counting could be addressed by judicial direction.

Citation
[2000] ScotCS 157
Parties
Pursuer: Myra Wells; Defender: David Stenhouse
Jurisdiction
Scotland
Judgment Date
09 June 2000
Procedural Posture
Personal Injury Action / Application for Jury Trial; Determination of Special Cause
Outcome
Application for jury trial allowed; no special cause found.
Legal Topics
Jury Trial, Special Cause, Future Wage Loss, Medical Complexity
Personal Injury Civil Procedure Jury Trial Special Cause Future Wage Loss Medical Complexity

Case Brief

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Parties

Myra Wells

Pursuer

David Stenhouse

Defender

Procedural Posture

Personal Injury Action / Application for Jury Trial; Determination of Special Cause

Legal Issues

  1. 1 Whether special cause exists to withhold the case from jury trial due to medical complexity and future wage loss averments

Ratio Decidendi

The court held that neither the medical issues nor the averments of future wage loss, as amended, were sufficiently complex or unclear to constitute special cause for withholding the case from jury trial. The pleadings gave fair notice and any potential for double-counting could be addressed by judicial direction.

Court Disposition

Application for jury trial allowed; no special cause found.

Orders

  • Issues allowed; case to proceed to jury trial.