Donnelly v. Safeway Stores & Ors [2002] ScotCS 282 (18 October 2002)

Donnelly v. Safeway Stores & Ors [2002] ScotCS 282 (18 October 2002)

The sheriff misdirected himself by giving weight to the possibility of a jury trial as a factor in remitting the cause, especially given the procedural delays and uncertainty about whether a jury trial would occur. The appeal is allowed and the cause is remitted to the sheriff to proceed as accords.

Citation
[2002] ScotCS 282
Parties
Pursuer and Respondent: Isobel Donnelly; Defenders and Appellants: Safeway Stores plc and Others
Jurisdiction
Scotland
Judgment Date
18 October 2002
Procedural Posture
Appeal / Appeal From Sheriff's Decision to Remit Cause to Court of Session
Outcome
appeal allowed
Legal Topics
Remit From Sheriff Court to Court of Session, Jury Trial, Discretion of Sheriff, Delay in Proceedings
Civil Procedure Remit From Sheriff Court to Court of Session Jury Trial Discretion of Sheriff Delay in Proceedings

Case Brief

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Parties

Isobel Donnelly

Pursuer and Respondent

Safeway Stores plc and Others

Defenders and Appellants

Procedural Posture

Appeal / Appeal From Sheriff's Decision to Remit Cause to Court of Session

Legal Issues

  1. 1 Whether the sheriff erred in remitting the cause to the Court of Session based on the possibility of a jury trial and the importance of the case
  2. 2 Whether delay and procedural history should preclude remit

Ratio Decidendi

The sheriff misdirected himself by giving weight to the possibility of a jury trial as a factor in remitting the cause, especially given the procedural delays and uncertainty about whether a jury trial would occur. The appeal is allowed and the cause is remitted to the sheriff to proceed as accords.

Court Disposition

appeal allowed

Orders

  • Remit to the sheriff to proceed as accords