Thain (AP) v Fisher Services (Aberfeldy) Ltd [2001] ScotCS 223 (2 October 2001)

Thain (AP) v Fisher Services (Aberfeldy) Ltd [2001] ScotCS 223 (2 October 2001)

Averments regarding loss of pension rights from a private pension scheme, specifying the arrangement, company, and premium, are sufficient to entitle the pursuer to proof before answer; defenders' plea on relevancy is repelled.

Citation
[2001] ScotCS 223
Parties
Pursuer: Robert Alexander Thain; Defender: Fishers Services (Aberfeldy) Limited
Jurisdiction
Scotland
Judgment Date
02 October 2001
Procedural Posture
Personal Injury Damages / Procedure Roll (plea in Law on Relevancy)
Outcome
Defenders' second plea-in-law repelled; proof before answer allowed.
Legal Topics
Loss of Pension Rights, Double Damages, Remoteness of Damage, Proof Before Answer
Employment Law Personal Injury Damages Loss of Pension Rights Double Damages Remoteness of Damage Proof Before Answer

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Parties

Robert Alexander Thain

Pursuer

Fishers Services (Aberfeldy) Limited

Defender

Procedural Posture

Personal Injury Damages / Procedure Roll (plea in Law on Relevancy)

Legal Issues

  1. 1 Whether averments regarding loss of pension rights from a private pension scheme are relevant and sufficiently specified to be remitted to proof
  2. 2 Whether the pursuer is seeking double damages for loss of wages and pension benefits
  3. 3 Whether the pursuer must aver inability to mitigate loss by investing damages

Ratio Decidendi

Averments regarding loss of pension rights from a private pension scheme, specifying the arrangement, company, and premium, are sufficient to entitle the pursuer to proof before answer; defenders' plea on relevancy is repelled.

Court Disposition

Defenders' second plea-in-law repelled; proof before answer allowed.

Orders

  • Proof before answer allowed on pension loss claim.
  • Defenders' second plea-in-law repelled.