The importance of taking some cases to Debate cannot be underestimated.
In Chinn v Cyclacel in the Court of Session, Lord McEwan refused Jury Trial and dismissed an action where the Pursuer was claiming Work Related Upper Limb Disorder, agreeing that the Pursuer’s pleadings were “misconceived and totally confused”. In particular, the Pursuer had failed to properly specify “any recognisable injury” describing her condition in three alternatives. The decision can be seen at http://www.scotcourts.gov.uk/opinions/2007csoh142.html. The Pursuer has reclaimed.
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Stephen Bryceland
(Information posted in October 2007and may not have been updated at time of reading).