McGuire v. Morris & Spottiswood Ltd (t/a Ttarr (Roofing)) [2005] ScotCS CSOH_82 (24 June 2005)

McGuire v. Morris & Spottiswood Ltd (t/a Ttarr (Roofing)) [2005] ScotCS CSOH_82 (24 June 2005)

The disputed issues regarding causation and quantum do not constitute special cause to withdraw the case from jury trial; such matters are within the competence of a properly directed jury and do not present insurmountable difficulties for judicial directions.

Citation
[2005] ScotCS CSOH_82
Parties
Pursuer: John McGuire; Defender: Morris & Spottiswood Limited trading as TTARR (Roofing)
Jurisdiction
Scotland
Judgment Date
24 June 2005
Procedural Posture
Personal Injury Reparation / Procedure Roll Discussion on Defenders' Motion Regarding Suitability for Jury Trial
Outcome
Defenders' first and second pleas-in-law repelled; issues allowed; question of expenses reserved.
Legal Topics
Quantum of Damages, Jury Trial, Pleadings, Amendment of Pleadings, Medical Causation
Personal Injury Employment Law Civil Procedure Quantum of Damages Jury Trial Pleadings Amendment of Pleadings Medical Causation

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Parties

John McGuire

Pursuer

Morris & Spottiswood Limited trading as TTARR (Roofing)

Defender

Procedural Posture

Personal Injury Reparation / Procedure Roll Discussion on Defenders' Motion Regarding Suitability for Jury Trial

Legal Issues

  1. 1 Whether special cause exists to make the case unsuitable for jury trial
  2. 2 Whether the pleadings and medical controversies create difficulties for a jury in assessing damages

Ratio Decidendi

The disputed issues regarding causation and quantum do not constitute special cause to withdraw the case from jury trial; such matters are within the competence of a properly directed jury and do not present insurmountable difficulties for judicial directions.

Court Disposition

Defenders' first and second pleas-in-law repelled; issues allowed; question of expenses reserved.

Orders

  • Repel first and second pleas-in-law for defenders
  • Allow issues