Kennedy v Forrest-Jones [2000] ScotCS 331 (22 December 2000)

Kennedy v Forrest-Jones [2000] ScotCS 331 (22 December 2000)

Special cause exists due to the complex and interlocking medical and factual issues regarding the pursuer's pre- and post-accident condition, making the case unsuitable for jury trial and more appropriate for judicial determination by proof before answer.

Citation
[2000] ScotCS 331
Parties
Pursuer: Adele Norma Kennedy; Defender: Ian R. Forrest-Jones
Jurisdiction
Scotland
Judgment Date
22 December 2000
Procedural Posture
Personal Injury Damages / Application to Determine Mode of Inquiry (jury Trial Vs Proof Before Answer)
Outcome
Application for jury trial refused; proof before answer ordered.
Legal Topics
Jury Trial, Proof Before Answer, Special Cause, Damages Assessment, Ogden Tables
Personal Injury Civil Procedure Jury Trial Proof Before Answer Special Cause Damages Assessment Ogden Tables

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Parties

Adele Norma Kennedy

Pursuer

Ian R. Forrest-Jones

Defender

Procedural Posture

Personal Injury Damages / Application to Determine Mode of Inquiry (jury Trial Vs Proof Before Answer)

Legal Issues

  1. 1 Whether special cause exists to refuse jury trial and order proof before answer in a personal injury damages action

Ratio Decidendi

Special cause exists due to the complex and interlocking medical and factual issues regarding the pursuer's pre- and post-accident condition, making the case unsuitable for jury trial and more appropriate for judicial determination by proof before answer.

Court Disposition

Application for jury trial refused; proof before answer ordered.

Orders

  • Proof before answer to proceed instead of jury trial.