Tony Jones, Partner and solicitor advocate was successful in arguing that an action for damages for personal injuries proceeding under the Court of Session personal injuries rules can still be found to be irrelevant if a pursuer fails to specify the essentials of the case.
Prior to this decision many practitioners and some judges considered that it might not be possible to argue that a personal injuries action was lacking in detail because the Court's rules suggested that a shorter form of written pleadings ought to be used.
The court held that the action would be irrelevant where a pursuer failed to specify the basic minimum to give fair notice of the case he required to prove.
For the full decision, please visit: www.scotcourts.gov.uk/opinions/2008CSOH89.html
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