Mcfarlane v. Thain & Ors [2005] ScotCS CSOH_22 (09 February 2005)

Mcfarlane v. Thain & Ors [2005] ScotCS CSOH_22 (09 February 2005)

The involvement of the Motor Insurers' Bureau, the unavoidable discussion of insurance, the complexity of interpreting clause 6(1)(e) of the MIB Agreement, and the multiplicity of complex issues constitute special cause precluding a jury trial. Proof on liability should be separated from proof on quantum due to the likelihood of one party being released after liability is determined and to promote procedural efficiency.

Citation
[2005] ScotCS CSOH_22
Parties
Pursuer: Dale McFarlane; First Defender: Barry Thain; Second Defender: James Campbell; Minuter: Motor Insurers' Bureau
Jurisdiction
Scotland
Judgment Date
09 February 2005
Procedural Posture
Personal Injury/reparation / Interlocutory Ruling on Mode of Trial and Proof Separation
Outcome
Jury trial excluded; proof before answer ordered; proof on liability to be heard separately from quantum.
Legal Topics
Jury Trial Exclusion, Motor Insurers' Bureau Liability, Contributory Negligence, Apportionment of Liability, Quantum Separation
Personal Injury Insurance Law Civil Procedure Jury Trial Exclusion Motor Insurers' Bureau Liability Contributory Negligence Apportionment of Liability Quantum Separation

Case Brief

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Parties

Dale McFarlane

Pursuer

Barry Thain

First Defender

James Campbell

Second Defender

Motor Insurers' Bureau

Minuter

Procedural Posture

Personal Injury/reparation / Interlocutory Ruling on Mode of Trial and Proof Separation

Legal Issues

  1. 1 Whether special cause exists to preclude a jury trial in a personal injury action involving the Motor Insurers' Bureau and multiple parties
  2. 2 Whether proof on liability should be separated from proof on quantum

Ratio Decidendi

The involvement of the Motor Insurers' Bureau, the unavoidable discussion of insurance, the complexity of interpreting clause 6(1)(e) of the MIB Agreement, and the multiplicity of complex issues constitute special cause precluding a jury trial. Proof on liability should be separated from proof on quantum due to the likelihood of one party being released after liability is determined and to promote procedural efficiency.

Court Disposition

Jury trial excluded; proof before answer ordered; proof on liability to be heard separately from quantum.

Orders

  • Sustain pursuer's and minuters' second pleas-in-law to exclude jury trial
  • Repel second defender's second plea-in-law