Oldcorn v. Purdon & Anor [2002] ScotCS 320 (17 December 2002)

Oldcorn v. Purdon & Anor [2002] ScotCS 320 (17 December 2002)

The pursuer's pleadings are sufficiently relevant and specific to justify a jury trial. There are adequate averments of the defenders' knowledge (actual or constructive) of the danger and of the use of the land by children. The issues are suitable for jury determination and no special cause has been shown to deny the pursuer a jury trial.

Citation
[2002] ScotCS 320
Parties
Pursuer: David Oldcorn (A. P.); Defenders: Andrew Purdon and Another
Jurisdiction
Scotland
Judgment Date
17 December 2002
Procedural Posture
Personal Injury Damages / Interlocutory Decision on Suitability for Jury Trial
Outcome
Defenders' first and second pleas-in-law repelled; issues allowed; pursuer's Minute of Amendment received; defenders allowed to lodge answers within twenty-eight days.
Legal Topics
Occupiers' Liability, Jury Trial, Standard of Care, Constructive Knowledge, Personal Injury, Children and Landowners, Pleadings Relevancy
Tort Occupiers' Liability Personal Injury Jury Trial Standard of Care Constructive Knowledge Children and Landowners Pleadings Relevancy

Case Brief

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Parties

David Oldcorn (A. P.)

Pursuer

Andrew Purdon and Another

Defenders

Procedural Posture

Personal Injury Damages / Interlocutory Decision on Suitability for Jury Trial

Legal Issues

  1. 1 Whether the pursuer's pleadings are sufficiently relevant and specific to justify a jury trial in an occupiers' liability case involving injury to a child on farmland.
  2. 2 Whether the defenders had actual or constructive knowledge of the danger on their land and owed a duty of care to the pursuer.

Ratio Decidendi

The pursuer's pleadings are sufficiently relevant and specific to justify a jury trial. There are adequate averments of the defenders' knowledge (actual or constructive) of the danger and of the use of the land by children. The issues are suitable for jury determination and no special cause has been shown to deny the pursuer a jury trial.

Court Disposition

Defenders' first and second pleas-in-law repelled; issues allowed; pursuer's Minute of Amendment received; defenders allowed to lodge answers within twenty-eight days.

Orders

  • Repel defenders' first and second pleas-in-law.
  • Allow issues (jury trial) to proceed.