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Samantha Baird v. Graham Cowie [2006] CSOH 168


The pursuer sued for one and a half million pounds in respect of a road traffic accident which occurred on 11 October 2004 when she was twenty nine years of age. The pursuer averred that, as a result of the accident, she required to undergo an above knee amputation. She remained in hospital until 23 December 2004, when she was discharged. It was submitted on behalf of the defender that a proof or proof before answer should be allowed as there existed "special cause" to withhold the case from jury trial. The averments on damages were in part lacking in specification and in part of doubtful relevancy with particular reference to the pursuer's statement of claim. It was submitted on behalf of the pursuer that the pursuer had a statutory entitlement to a jury trial unless "special cause" was shown. The court here considered whether there was "special cause" and whether issues should be allowed.