Gordon v EUI Ltd [2011] ScotCS CSOH_36 (17 February 2011)

Gordon v EUI Ltd [2011] ScotCS CSOH_36 (17 February 2011)

Special cause exists for refusing the allowance of issues due to the number and complexity of medical and causation issues, which would make it difficult for a jury to properly assess damages and for a judge to direct the jury appropriately.

Citation
[2011] ScotCS CSOH_36
Parties
Pursuer: Kathy-Rose Gordon; Defender: EUI Limited
Jurisdiction
Scotland
Judgment Date
17 February 2011
Procedural Posture
Personal Injury Action / Motion for Allowance of Issues (jury Trial)
Outcome
motion for allowance of issues refused; proof before answer allowed
Legal Topics
Jury Trial, Special Cause, Quantification of Damages, Medical Causation
Personal Injury Civil Procedure Jury Trial Special Cause Quantification of Damages Medical Causation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Kathy-Rose Gordon

Pursuer

EUI Limited

Defender

Procedural Posture

Personal Injury Action / Motion for Allowance of Issues (jury Trial)

Legal Issues

  1. 1 Whether special cause exists to refuse allowance of issues (jury trial) in a personal injury action involving complex medical and causation questions.

Ratio Decidendi

Special cause exists for refusing the allowance of issues due to the number and complexity of medical and causation issues, which would make it difficult for a jury to properly assess damages and for a judge to direct the jury appropriately.

Court Disposition

motion for allowance of issues refused; proof before answer allowed

Orders

  • Refusal of pursuer's motion for allowance of issues (jury trial)
  • Proof before answer allowed