A case too complex for sheriff court jury?

One of the innovations of the new All-Scotland Personal Injury Court is that the pursuer is entitled to seek a jury trial. Traditionally, this has only been possible in Court of Session actions. The pursuer is entitled as of right to a jury trial, although the defender can argue that there is “special cause” making the case unsuitable for a jury trial. Allan v Plexus Corp (UK) [2016] SC EDIN 59 is understood to be the first decision from the All Scotland PI Court on this point.

The pursuer claimed damages after his left ring finger was severed in a work accident. Liability was admitted and the pursuer sought a jury trial which the defender opposed, arguing that there was special cause due to several factors. The nature of the injury had both physical and psychological consequences. The defender alleged that the pursuer suffered from conditions unrelated to the accident which caused poor hand dexterity and worsening grip strength. Therefore, assessment of solatium involved complexities caused by these conditions and the need to consider both the physical and psychological elements.

The defender also argued that calculation of future loss of earnings would not be straightforward, as there was a dispute over the pursuer’s retirement date had the accident not occurred. The jury would have to consider a range of multiplicands and there would be reference to the Ogden Tables. The use of the Ogden Tables in relation to other heads of claim, including pension loss, added to the complexity.

Sheriff Braid concluded that the defender had not shown special cause. Guidance from previous decisions suggested that the leading of technical and complex medical evidence would not in itself make a case unsuitable for a jury trial and, although assessment of solatium would not be entirely straightforward, it would be well within the capability of a properly directed jury. The authorities also made it clear that use of the Ogden Tables in itself did not constitute special cause, and the various calculations required in this case were not overly complex.