Burns & Ors v Boots UK Ltd [2011] ScotCS CSOH_182 (10 November 2011)

Burns & Ors v Boots UK Ltd [2011] ScotCS CSOH_182 (10 November 2011)

Exceptional reasons for withdrawal from Chapter 43 not made out; relevancy of secondary victim claims cannot be determined without hearing evidence; adjustment to pleadings to specify recognised psychiatric injury is sufficient to proceed under Chapter 43.

Citation
[2011] ScotCS CSOH_182
Parties
Pursuer: Claire Burns; Pursuer: Alyssa Burns; Pursuer: Henry Howieson; Pursuer: Margaret Howieson; Defender: Boots UK Limited
Jurisdiction
Scotland
Judgment Date
10 November 2011
Procedural Posture
Personal Injury Action / Motion to Withdraw From Chapter 43 Procedure and Proceed as Ordinary Action
Outcome
motion refused
Legal Topics
Psychiatric Injury, Secondary Victim Liability, Chapter 43 Procedure, Duty of Care, Relevancy of Pleadings
Tort Personal Injury Psychiatric Injury Secondary Victim Liability Chapter 43 Procedure Duty of Care Relevancy of Pleadings

Case Brief

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Parties

Claire Burns

Pursuer

Alyssa Burns

Pursuer

Henry Howieson

Pursuer

Margaret Howieson

Pursuer

Boots UK Limited

Defender

Procedural Posture

Personal Injury Action / Motion to Withdraw From Chapter 43 Procedure and Proceed as Ordinary Action

Legal Issues

  1. 1 Whether secondary victims can make a relevant case for psychiatric injury damages
  2. 2 Whether detailed pleadings are required for secondary victim claims
  3. 3 Whether grandmother qualifies as a primary victim

Ratio Decidendi

Exceptional reasons for withdrawal from Chapter 43 not made out; relevancy of secondary victim claims cannot be determined without hearing evidence; adjustment to pleadings to specify recognised psychiatric injury is sufficient to proceed under Chapter 43.

Court Disposition

motion refused

Orders

  • case to proceed under Chapter 43 procedure
  • expenses of and occasioned by the Defenders' motion to be expenses in the cause