Dickie v. Scottish Co-Operative Wholesale Society, Ltd [1903] ScotLR 41_64 (17 November 1903)

Dickie v. Scottish Co-Operative Wholesale Society, Ltd [1903] ScotLR 41_64 (17 November 1903)

Where the amount claimed in a personal injury action exceeds £40, the pursuer is entitled to a jury trial under the Judicature Act unless it is shown that the claim is not honest or is artificially inflated to meet the statutory threshold. The mere fact that the sum is only moderately above the threshold is not sufficient ground for remitting the case to the Sheriff.

Citation
[1903] ScotLR 41_64
Parties
Pursuer/appellant: George Dickie; Defender/respondent: Scottish Co-Operative Wholesale Society, Limited
Jurisdiction
Scotland
Judgment Date
17 November 1903
Procedural Posture
Personal Injury Damages Action / Appeal for Jury Trial From Sheriff Court to Court of Session
Outcome
case sent to the Summar Roll for jury trial
Legal Topics
Jury Trial Entitlement, Remit to Sheriff, Damages for Personal Injury, Statutory Right to Jury Trial
Civil Procedure Personal Injury Jury Trial Entitlement Remit to Sheriff Damages for Personal Injury Statutory Right to Jury Trial

Case Brief

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Parties

George Dickie

Pursuer/appellant

Scottish Co-Operative Wholesale Society, Limited

Defender/respondent

Procedural Posture

Personal Injury Damages Action / Appeal for Jury Trial From Sheriff Court to Court of Session

Legal Issues

  1. 1 Whether the pursuer is entitled to a jury trial under section 40 of the Judicature Act when the amount claimed exceeds £40
  2. 2 Whether the case should be remitted to the Sheriff for proof due to its local and trifling nature

Ratio Decidendi

Where the amount claimed in a personal injury action exceeds £40, the pursuer is entitled to a jury trial under the Judicature Act unless it is shown that the claim is not honest or is artificially inflated to meet the statutory threshold. The mere fact that the sum is only moderately above the threshold is not sufficient ground for remitting the case to the Sheriff.

Court Disposition

case sent to the Summar Roll for jury trial

Orders

  • The pursuer is entitled to a jury trial; case not remitted to the Sheriff; case sent to the Summar Roll.