Toner v. McLeod [2006] ScotCS CSOH_96 (22 June 2006)

The court held that neither the professional negligence nor the contributory negligence issues were too complex for a jury, and no special cause existed to withhold the case from a jury trial.

Citation: [2006] ScotCS CSOH_96
Parties: Pursuer: Maureen Toner; Defender: John M McLeod
Jurisdiction: Scotland
Judgment Date: 22 June 2006
Procedural Posture: Professional Negligence / Supplementary Opinion on Motion for Jury Trial
Outcome: pursuer's motion granted
Legal Topics: Professional Negligence, Jury Trial, Contributory Negligence

Tort Medical Negligence Professional Negligence Jury Trial Contributory Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Maureen Toner

Pursuer

John M McLeod

Defender

Procedural Posture

Professional Negligence / Supplementary Opinion on Motion for Jury Trial

Legal Issues

1 Whether the case is too complex for a jury due to issues of professional negligence and contributory negligence
2 Whether special cause exists to withhold the case from a jury

Ratio Decidendi

The court held that neither the professional negligence nor the contributory negligence issues were too complex for a jury, and no special cause existed to withhold the case from a jury trial.

Court Disposition

pursuer's motion granted

Orders

Allow issues for jury trial
All questions of expenses reserved