Michael Cunningham v. Glasgow City Council [2008] CSOH 113

Personal Injury:- In this action the pursuer, a principal teacher in Glasgow, raised an action against his employers for (1) loss, injury and damage caused by the defenders' failure to take reasonable care for his health and safety; and (2) breaches by named employees of Section 8 of the Protection from Harassment Act 1997 for which the defenders were vicariously liable. Here the defenders enrolled a motion to remit the cause from Chapter 43 procedure to allow the action to proceed as an ordinary action in respect that there were exceptional reasons justifying withdrawal of the cause from Chapter 43 rules. It was submited on behalf of the defenders that:- (1) the action was not properly to be regarded as a personal injuries action falling under Chapter 43 procedure; and (2) that the test for withdrawal was "exceptional reasons" and such a test had been satisfied in the present case on the grounds that lengthy written pleadings will be necessary and issues of both liability and causation were complex. It was submitted on behalf of the pursuer that there were no exceptional reasons to justify the withdrawal of the case from Chapter 43 procedure. Here the court considered whether such "exceptional reasons" existed.