The pursuer sought damages from the respondent council for abuse he had suffered whilst in their care as a child. He sought jury trial, the defenders said that was unsuitable, liability being admitted.
Held: This was a case which exceptionally should be heard without a jury. The events had occurred many years earlier. The nature of the claim meant that any cross-examination of the pursuer could be prejudicial to defender. In essence the claims were for psychological dinjury.
Judges:
Lord Abernethy
Citations:
[2003] Scotcs 190
Links:
Citing:
Cited – Allan v Scott 1972
The courts in Scotland can look to English awards of damages for personal injuries. . .
Lists of cited by and citing cases may be incomplete.
Scotland, Litigation Practice, Torts – Other
Updated: 07 June 2022; Ref: scu.184294