Description
Reparation - Allowance of Issues:- In this action the pursuer sought damages following an accident at work in April 2004 when the pursuer sustained serious injuries to his right leg when he fell through a gap in a walkway in the course of his employment with the defenders. The defenders conceded liability to the pursuer but also sought relief against a third party. The action was based on allegations of both common law fault and breach of statutory duty. Here the pursuer sought allowance of issues. The motion was opposed by the defenders and the third party on the basis that special cause existed for withholding a jury trial under section 9(2) of the
Court of Session Act 1988 due to (1) a lack of relevancy and/or specification of the pursuer's averments on the subject of his future employment and earnings potential; and (2) the complexity of loss calculations required on earnings and pension rights.
