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In Scotland trial by jury is not restricted to criminal cases and, uniquely in the British Isles, civil juries can, and do, decide liability and quantum of damages in actions for personal injury and death, defamation, false imprisonment, malicious prosecution, assault and other delicts and certain other miscellaneous causes. An important part of the procedure of Scotland’s supreme court, the Court of Session, the civil jury trial has undergone a modern renaissance and civil juries have lead the way in setting new levels of damages in the 21 Century. This web-site is dedicated to the civil jury trial in Scotland and is intended to be of interest both to lawyers and members of the public and is being run by Andrew Hajducki, QC, the author of Civil Jury Trials, the standard text-book on the subject – your contributions, corrections and comments on this web-site would be most welcome. It is not intended to be partisan and, it is firmly believed that the civil jury trial can, and should, be used by pursuers and defenders alike but, whether or not you approve of civil juries, it is important that all should know about this important part of the armoury of civil justice in Scotland. | ||||||||||||
Andrew Hajducki, QC is a practising advocate at the Scots Bar and a member of the Bar of England & Wales (Gray’s Inn). He specialises in personal injury (including accident, industrial diseases and death cases), professional negligence actions, licensing and other local government matters and administrative law and judicial review cases and he has appeared in many leading cases in these areas. He is the author of Civil Jury Trials (2nd Edition, Avizandum Publishing Ltd, 2006), co-author of Scottish Civic Government Licensing Law (2nd Edition, W Green & Sons, 2004) and a contributor to other publications including Scottish Licensing Law, Renton & Brown’s Statutory Offences, The Parliament House Book and the author of several articles in the Scots Law Times and other journals.
He is a member of the Westwater Stable and can be contacted via this website [ info@civiljurytrials.com ] by post at Advocates’ Library, Parliament House, Edinburgh EH1 1RF or via his clerk Sheila Westwater at Parliament House, Edinburgh EH1 1RF (0131 260 5700 or e-mail sheila.westwater@advocates.org.uk).
Other sites of interest:
For the Faculty of Advocates see www.advocates.org.uk. For the publishers of “Civil Jury Trials” see www.avizandum.com. For an excellent web-site commenting on Scots law and related topics by one of my colleagues see Jonathan Mitchell QC. For Scottish legal opinions see the Scottish Courts official site.
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