Cronie & Ors v. Messenger & Anor [2004] ScotCS 151 (25 June 2004)

Cronie & Ors v. Messenger & Anor [2004] ScotCS 151 (25 June 2004)

The existence of legal uncertainty and potential complexity regarding the evidential weight and relevance of the criminal conviction under Section 10 of the 1968 Act constitutes special cause for withholding the case from jury trial; averments on loss of support and services are sufficiently specific and relevant, but the conviction-related issues require Proof Before Answer.

Citation
[2004] ScotCS 151
Parties
First Pursuer: Elizabeth Senga Cronie; Second Pursuer: Elizabeth Heather Cronie or Allan; Third Pursuer: Brian Alexander Allan; Fourth Pursuer: Andrew Wallace Cronie; Fifth Pursuer: Joy McIntyre or Cronie; Sixth Pursuer: David Charles Cronie; First Defender: Norman Craig Messenger; Second Defender: James Kelly
Jurisdiction
Scotland
Judgment Date
25 June 2004
Procedural Posture
Personal Injury Action (road Traffic Accident, Fatal Claim) / Procedure Roll Hearing on Special Cause for Withholding Jury Trial
Outcome
First defender's second plea-in-law repelled; third plea-in-law sustained; Proof Before Answer allowed; jury trial withheld; expenses reserved.
Legal Topics
Loss of Support, Loss of Services, Relevance and Effect of Criminal Conviction in Civil Proceedings, Jury Trial Eligibility, Damages (scotland) Act 1976, Administration of Justice Act 1982, Law Reform (miscellaneous Provisions) Act 1968 Section 10
Personal Injury Civil Procedure Evidence Loss of Support Loss of Services Relevance and Effect of Criminal Conviction in Civil Proceedings Jury Trial Eligibility Damages (scotland) Act 1976 +2 more

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Parties

Elizabeth Senga Cronie

First Pursuer

Elizabeth Heather Cronie or Allan

Second Pursuer

Brian Alexander Allan

Third Pursuer

Andrew Wallace Cronie

Fourth Pursuer

Joy McIntyre or Cronie

Fifth Pursuer

David Charles Cronie

Sixth Pursuer

Norman Craig Messenger

First Defender

James Kelly

Second Defender

Procedural Posture

Personal Injury Action (road Traffic Accident, Fatal Claim) / Procedure Roll Hearing on Special Cause for Withholding Jury Trial

Legal Issues

  1. 1 Whether averments on loss of support and services are sufficiently specific and relevant for jury trial
  2. 2 Whether reliance on criminal conviction constitutes special cause for withholding jury trial
  3. 3 Effect and evidential weight of criminal conviction under Section 10 of the Law Reform (Miscellaneous Provisions) Act 1968 in civil proceedings

Ratio Decidendi

The existence of legal uncertainty and potential complexity regarding the evidential weight and relevance of the criminal conviction under Section 10 of the 1968 Act constitutes special cause for withholding the case from jury trial; averments on loss of support and services are sufficiently specific and relevant, but the conviction-related issues require Proof Before Answer.

Court Disposition

First defender's second plea-in-law repelled; third plea-in-law sustained; Proof Before Answer allowed; jury trial withheld; expenses reserved.

Orders

  • Proof Before Answer allowed
  • Jury trial withheld