Shields v. Jarvis Hotels Plc & Anor [2004] ScotCS 26 (06 February 2004)

Shields v. Jarvis Hotels Plc & Anor [2004] ScotCS 26 (06 February 2004)

The pursuer's averments, though unsatisfactory, are sufficiently specific to warrant enquiry, and the defenders' case against the third party cannot be dismissed at this stage. Jurisdiction against the third party is established by their description and participation.

Citation
[2004] ScotCS 26
Parties
Pursuer: Linda Shields; Defender: Jarvis Hotels Plc; Third Party: Edinburgh Leisure
Jurisdiction
Scotland
Judgment Date
06 February 2004
Procedural Posture
Damages Action / Opinion on Relevancy and Remit to Enquiry
Outcome
Remitted to enquiry with all pleas standing
Legal Topics
Statutory Duty, Manual Handling, Apportionment, Jurisdiction
Employment Law Personal Injury Statutory Duty Manual Handling Apportionment Jurisdiction

Case Brief

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Parties

Linda Shields

Pursuer

Jarvis Hotels Plc

Defender

Edinburgh Leisure

Third Party

Procedural Posture

Damages Action / Opinion on Relevancy and Remit to Enquiry

Legal Issues

  1. 1 Whether the defenders' averments against the third party are relevant
  2. 2 Whether the pursuer's statutory claim is sufficiently specific to proceed
  3. 3 Whether jurisdiction exists against the third party

Ratio Decidendi

The pursuer's averments, though unsatisfactory, are sufficiently specific to warrant enquiry, and the defenders' case against the third party cannot be dismissed at this stage. Jurisdiction against the third party is established by their description and participation.

Court Disposition

Remitted to enquiry with all pleas standing

Orders

  • Proof before answer allowed on the merits
  • Jurisdiction against third party accepted