Fiona Smith v. Madeline Hughes & Home Concern (Scotland) Limited [2007] CSOH 199

Reparation - Motion for Issues:- In this action the pursuer sought damages as reparation for personal injury she sustained in a road traffic accident on 30 July 2004. Liability was admitted by the defenders and the only issue was the quantification of damages. Here the pursuer enrolled a motion to allow issues for jury trial. The motion was opposed by the defenders. It was submitted on behalf of the pursuer that any party has a statutory right to a jury trial unless "special cause" exists in not allowing issues. In deciding between proof or jury trial the court had to consider which type of tribunal would best secure justice between the parties. On behalf of the defenders it was submitted that the pursuer's pleadings gave no specification of basis for claims for (1) prospects of further promotion; and (2) past and future necessary services and the pursuer had failed to give sufficient specification of her claim in the pleadings. It was submitted on behalf of the pursuer that the pleadings in the present case complied with the relevant rules and "special cause" means some real ground of substance making the cause unsuitable for jury trial which had not been made out in the present case on behalf of the defenders. Here the court considered whether issues should be allowed on the pleadings in their present form and, if not, whether any deficiency in the pursuer's pleadings, for example, in relation to whether the pursuer had given sufficient specification in relation to the heads of damages he sought could be cured by amendment.