Maxine Griffiths v. Brian Butler & Mrs Nicola Griffiths [2009] CSOH 152

This motion for issues on behalf of the pursuer was opposed by the defender and the third party. On behalf of the defender it was submitted that in the particular circumstances of the case the matters in dispute were sufficiently complex that they would cause confusion to a jury and that amounted to special cause and that decision was a matter for the discretion of the Court. On behalf of the third party it was submitted that the case was sufficiently complex, particularly in relation to the issue of contributory negligence, and amounted to special cause. It was submitted on behalf of the pursuer that the case was simple in relation to liability and the pursuer had a right to a jury trial unless the onus of establishing special cause on the opposing parties was discharged. Here the court considered whether to grant the pursuer's motion for issues, to refuse the motion for issues or to proceed under Rule 26.7(3) to allow the action so far as directed against the third party by the defender to proceed as the first stage to proof and to allow issues in respect of the action between the pursuer and the defender.