McCormack v CSC Forest Products Ltd [2001] ScotCS 244 (1 November 2001)

McCormack v CSC Forest Products Ltd [2001] ScotCS 244 (1 November 2001)

Special cause was established to withhold the case from jury trial due to the complexity introduced by multiple and interlocking grounds of fault, insufficient specification of damages, and the complicated nature of the claims for physical and psychological injury, as well as statutory claims under sections 8 and 9 of the Administration of Justice Act 1982.

Citation
[2001] ScotCS 244
Parties
Pursuer: Inglis McCormack; Defender: CSC Forest Products Limited
Jurisdiction
Scotland
Judgment Date
01 November 2001
Procedural Posture
Personal Injury Action / Procedure Roll Hearing on Suitability for Jury Trial
Outcome
Special cause established; case withheld from jury trial and to proceed by proof.
Legal Topics
Jury Trial, Special Cause, Negligence, Statutory Duty, Damages, Loss of Earnings, Psychological Injury, Ogden Tables
Personal Injury Employment Law Civil Procedure Jury Trial Special Cause Negligence Statutory Duty Damages +3 more

Case Brief

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Parties

Inglis McCormack

Pursuer

CSC Forest Products Limited

Defender

Procedural Posture

Personal Injury Action / Procedure Roll Hearing on Suitability for Jury Trial

Legal Issues

  1. 1 Whether special cause exists to withhold the case from jury trial
  2. 2 Complexity of pleadings and damages claims
  3. 3 Adequacy of specification in damages claims

Ratio Decidendi

Special cause was established to withhold the case from jury trial due to the complexity introduced by multiple and interlocking grounds of fault, insufficient specification of damages, and the complicated nature of the claims for physical and psychological injury, as well as statutory claims under sections 8 and 9 of the Administration of Justice Act 1982.

Court Disposition

Special cause established; case withheld from jury trial and to proceed by proof.

Orders

  • Case to proceed by proof rather than jury trial.