Irvine & Anor v Balmoral Hotel Edinburgh Ltd [1998] ScotCS 49 (3 November 1998)

Irvine & Anor v Balmoral Hotel Edinburgh Ltd [1998] ScotCS 49 (3 November 1998)

The defenders failed to demonstrate any special cause justifying the withholding of jury trial. The pursuer's pleadings provide fair notice and are sufficiently specific to allow the case to proceed to jury trial. Complexity of evidence or lack of detail in pleadings does not, in this case, amount to special cause.

Citation
[1998] ScotCS 49
Parties
Pursuer: Miss Susan Irvine; Pursuer: Mrs Ann Irvine; Defender: The Balmoral Hotel Edinburgh Limited
Jurisdiction
Scotland
Judgment Date
03 November 1998
Procedural Posture
Personal Injury Action / Procedure Roll Debate on Defenders' First Plea in Law (relevancy) and Application to Withhold Jury Trial
Outcome
Defenders' first plea-in-law repelled; jury trial allowed.
Legal Topics
Personal Injury, Jury Trial, Damages, Pleadings, Special Cause
Tort Civil Procedure Personal Injury Jury Trial Damages Pleadings Special Cause

Case Brief

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Parties

Miss Susan Irvine

Pursuer

Mrs Ann Irvine

Pursuer

The Balmoral Hotel Edinburgh Limited

Defender

Procedural Posture

Personal Injury Action / Procedure Roll Debate on Defenders' First Plea in Law (relevancy) and Application to Withhold Jury Trial

Legal Issues

  1. 1 Whether the defenders have shown special cause to withhold jury trial
  2. 2 Whether the pursuer's pleadings are sufficiently specific regarding services, psychological injury, and loss of earnings

Ratio Decidendi

The defenders failed to demonstrate any special cause justifying the withholding of jury trial. The pursuer's pleadings provide fair notice and are sufficiently specific to allow the case to proceed to jury trial. Complexity of evidence or lack of detail in pleadings does not, in this case, amount to special cause.

Court Disposition

Defenders' first plea-in-law repelled; jury trial allowed.

Orders

  • Repel defenders' first plea-in-law.
  • Allow issues for jury trial.