Fitzgibbon v. Howden & Co. and Others [1917] ScotLR 190 (16 January 1917)

Fitzgibbon v. Howden & Co. and Others [1917] ScotLR 190 (16 January 1917)

Although the case would ordinarily be suitable for jury trial, prevailing industrial and commercial conditions due to the war made it inappropriate to convene a jury, so the case was remitted back to the sheriff court for proof.

Citation
[1917] ScotLR 190
Parties
Pursuer: Michael Fitzgibbon; Defenders: James Howden & Company, Limited, Glasgow, and others
Jurisdiction
Scotland
Judgment Date
16 January 1917
Procedural Posture
Personal Injury Damages Action / Application for Remit to Court of Session for Jury Trial
Outcome
application for remit to jury trial refused; case remitted to sheriff court for proof
Legal Topics
Remit for Jury Trial, Suitability for Jury Trial, Sheriff Courts (scotland) Act 1907 Section 30, War Conditions and Court Process
Civil Procedure Personal Injury Remit for Jury Trial Suitability for Jury Trial Sheriff Courts (scotland) Act 1907 Section 30 War Conditions and Court Process

Case Brief

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Parties

Michael Fitzgibbon

Pursuer

James Howden & Company, Limited, Glasgow, and others

Defenders

Procedural Posture

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

Legal Issues

  1. 1 Whether the case was suitable for jury trial under section 30 of the Sheriff Courts (Scotland) Act 1907 given prevailing war conditions

Ratio Decidendi

Although the case would ordinarily be suitable for jury trial, prevailing industrial and commercial conditions due to the war made it inappropriate to convene a jury, so the case was remitted back to the sheriff court for proof.

Court Disposition

application for remit to jury trial refused; case remitted to sheriff court for proof

Orders

  • Refused pursuer's motion for jury trial.
  • Remitted case to sheriff court for proof.