Barclay v. T. S. Smith & Co. [1913] ScotLR 308_1 (11 January 1913)

Barclay v. T. S. Smith & Co. [1913] ScotLR 308_1 (11 January 1913)

The Court exercised its statutory discretion under section 30 of the Sheriff Courts (Scotland) Act 1907 to refuse the application for jury trial, finding the injuries averred were not serious and the case was unsuitable for jury trial in the Court of Session, particularly in light of precedent and the need to avoid disproportionate expense.

Citation
[1913] ScotLR 308_1
Parties
Pursuer: Robert Mitchell Scorgie Barclay; Defenders: T. S. Smith & Company
Jurisdiction
Scotland
Judgment Date
11 January 1913
Procedural Posture
Damages for Personal Injury / Application for Remit to Court of Session for Jury Trial
Outcome
application for jury trial refused; case remitted to Sheriff for proof
Legal Topics
Remit for Jury Trial, Sheriff Courts (scotland) Act 1907 Section 30, Discretion of Court, Suitability for Jury Trial
Civil Procedure Personal Injury Remit for Jury Trial Sheriff Courts (scotland) Act 1907 Section 30 Discretion of Court Suitability for Jury Trial

Case Brief

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Parties

Robert Mitchell Scorgie Barclay

Pursuer

T. S. Smith & Company

Defenders

Procedural Posture

Damages for Personal Injury / Application for Remit to Court of Session for Jury Trial

Legal Issues

  1. 1 Whether the case was suitable for jury trial in the Court of Session under section 30 of the Sheriff Courts (Scotland) Act 1907

Ratio Decidendi

The Court exercised its statutory discretion under section 30 of the Sheriff Courts (Scotland) Act 1907 to refuse the application for jury trial, finding the injuries averred were not serious and the case was unsuitable for jury trial in the Court of Session, particularly in light of precedent and the need to avoid disproportionate expense.

Court Disposition

application for jury trial refused; case remitted to Sheriff for proof

Orders

  • The pursuer's application for jury trial in the Court of Session is refused.
  • The case is remitted to the Sheriff to proceed.