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Scotland decisions
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Brian McElwain v HMA (High Court of Justiciary) [2025] HCJA 50 (20 March 2025)
The court allowed an appeal against conviction, holding that a sheriff could not proceed with a jury trial entirely in the accused’s absence under section 92(2).
MCGINLEY OR MCLEAN AND OTHERS AGAINST FAIRFIELD SHIPBUILDING LIMITED AND ANOTHER [2019] ScotCS CSOH_33 (09 April 2019)
The Court of Session held that section 22(4) of the 1973 Act did not bar jury trial in this death claim, and granted the motion to allow issues.
Mitchell & Ors v Advocate General for Scotland & Anor [2015] ScotCS CSOH_2 (09 January 2015)
The Court of Session held that section 22(4) did not bar jury trial in a section 18 death claim where the action was timely under section 18(2)(a) and did not depend on section 18(2)(b).
Lewendon v. International Paper (Uk) Ltd [2011] ScotCS CSOH_116 (05 July 2011)
The Court of Session refused issues in a personal injury action, holding that complex future loss of earnings calculations and disputed contingencies showed special cause for proof.
Gordon v EUI Ltd [2011] ScotCS CSOH_36 (17 February 2011)
The Court of Session refused jury trial in a personal injury action, holding that complex medical and causation issues amounted to special cause.
Stainsby v Fallon [2010] ScotCS CSIH_64 (06 July 2010)
The Inner House held that a personal injury jury case should not have been withdrawn where there was some evidence of negligence and sufficient notice on the pleadings.
Toner v. McLeod [2006] ScotCS CSOH_96 (22 June 2006)
The Court of Session held that a dental professional negligence claim was suitable for jury trial and that no special cause justified withholding issues from a jury.
McGuire v. Morris & Spottiswood Ltd (t/a Ttarr (Roofing)) [2005] ScotCS CSOH_82 (24 June 2005)
Court of Session held that disputed medical causation and damages issues did not amount to special cause to refuse jury trial in this personal injury action.
May & Anor v. Jeeves Parcels Ltd (t/a ANC (Aberdeen)) & Anor [2005] ScotCS CSOH_71 (03 June 2005)
The court refused the defenders’ motion and allowed issues for jury trial, holding the pleadings sufficiently specified personal injury services claims.
Scott & Ors v Vieregge [2005] ScotCS CSOH_42 (22 March 2005)
The Court of Session allowed jury trial in a fatal accident damages action, holding that the loss of support and services claims did not amount to special cause.
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