PETER ALLAN AGAINST PLEXUS CORP (UK) Ltd [2016] ScotSC 59 (26 August 2016)

PETER ALLAN AGAINST PLEXUS CORP (UK) Ltd [2016] ScotSC 59 (26 August 2016)

The defender failed to demonstrate special cause. The combination of factors cited does not render the case unsuitable for a jury trial, as the issues are of moderate complexity and within the capability of a properly directed jury. The application of the Ogden Tables and the presence of pre-existing conditions or multiple heads of claim do not, individually or collectively, amount to special cause.

Citation
[2016] ScotSC 59
Parties
Pursuer: Peter Allan; Defender: Plexus Corp (UK) Limited
Jurisdiction
Scotland
Judgment Date
26 August 2016
Procedural Posture
Personal Injuries Action / Interlocutory Motion for Jury Trial
Outcome
Pursuer's motion granted; jury trial allowed.
Legal Topics
Jury Trial Entitlement, Special Cause, Ogden Tables, Assessment of Damages, Pre Existing Conditions
Personal Injury Employment Law Civil Procedure Jury Trial Entitlement Special Cause Ogden Tables Assessment of Damages Pre Existing Conditions

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Parties

Peter Allan

Pursuer

Plexus Corp (UK) Limited

Defender

Procedural Posture

Personal Injuries Action / Interlocutory Motion for Jury Trial

Legal Issues

  1. 1 Whether special cause exists to refuse a jury trial in a personal injury action involving complex damages calculations and pre-existing conditions

Ratio Decidendi

The defender failed to demonstrate special cause. The combination of factors cited does not render the case unsuitable for a jury trial, as the issues are of moderate complexity and within the capability of a properly directed jury. The application of the Ogden Tables and the presence of pre-existing conditions or multiple heads of claim do not, individually or collectively, amount to special cause.

Court Disposition

Pursuer's motion granted; jury trial allowed.

Orders

  • Amended record to be received and form number 14 of process.
  • Trial by jury allowed and assigned for 15-18 November 2016 at Sheriff Courthouse, Edinburgh.