MacInnes v. Owen [2004] ScotCS 253 (24 November 2004)

MacInnes v. Owen [2004] ScotCS 253 (24 November 2004)

Special cause exists due to lack of clarity in pleadings connecting modest injury to severe consequences, justifying withholding case from jury trial.

Citation
[2004] ScotCS 253
Parties
Pursuer: John MacInnes; Defender: Antonia Lloyd Owen
Jurisdiction
Scotland
Judgment Date
24 November 2004
Procedural Posture
Personal Injury Reparation / Procedure Roll, Motion to Refuse Jury Trial
Outcome
Defender's first plea-in-law sustained; proof before answer allowed; jury trial refused.
Legal Topics
Jury Trial, Quantum of Damages, Causation, Article 6 ECHR
Personal Injury Civil Procedure Jury Trial Quantum of Damages Causation Article 6 ECHR

Case Brief

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Parties

John MacInnes

Pursuer

Antonia Lloyd Owen

Defender

Procedural Posture

Personal Injury Reparation / Procedure Roll, Motion to Refuse Jury Trial

Legal Issues

  1. 1 Whether special cause exists to withhold case from jury trial
  2. 2 Whether complexity of causation and quantum justifies refusal of jury trial
  3. 3 Whether Article 6 ECHR rights are infringed by jury trial

Ratio Decidendi

Special cause exists due to lack of clarity in pleadings connecting modest injury to severe consequences, justifying withholding case from jury trial.

Court Disposition

Defender's first plea-in-law sustained; proof before answer allowed; jury trial refused.

Orders

  • Proof before answer allowed
  • Jury trial refused