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ABOUT THE BOOK

Civil Jury Trials

2nd Edition

Andrew M. Hajducki, QC

The civil jury trial remains the primary method by which damages for solatium in Scotland are calculated. Under attack on numerous occasions, the civil jury trial has retained and expanded its role, often with surprising results. The new rules on personal injury actions in Chapter 43 of the Rules of Court have introduced sweeping procedural changes. The text takes a chronological approach to the subject, covering proof or jury trial, pre-trial procedure, the trial itself and appeal and review with appendices dealing with styles, an example opening speech and actual jury awards.

First published in 1998, Civil Jury Trials is not only the sole textbook dedicated to the subject but has been highly praised and referred to in a number of Court judgements since then. The Second Edition, described by the Rt. Hon. Lord Gill, the Lord Justice-Clerk, as “a splendid example of a practitioner’s textbook”, covers in detail all the practical aspects involved in raising, pursuing and defending such actions and provides practitioners with a handy vade mecum.


Hardback, 277pp+xxxix, ISBN 1-904968-00-7 (978-1-904968-00-9)  £65

Published by and available from AVIZANDUM PUBLISHING LTD, 58 Candlemaker Row, Edinburgh EH1 2QE ( Tel & Fax: 0131 220 3373, e-mail elizabeth@avizandum.com )


CONTENTS OF THE BOOK

Foreword – Preface – Table of Statutes – Table of Orders, Rules and Regulations – Table of Cases

Part One: Introduction

The civil jury in Scotland: an overview
The historical perspective
Civil juries and human rights
Experience of other jurisdictions

Part Two: Proof or Jury Trial

Competent actions
Special cause
Tactical and Practical Considerations

Part Three: Initial Procedure

To the closing of the record
The allowance of issues
Issues
Counter – issues
Lodging and approval of issues
Altering the mode of inquiry
Preparing for the trial diet

Part Four: The Trial

Preliminary matters
Empanelling the jury
The opening speeches
Leading the evidence
The closing speeches
The judge’s charge
The verdict
Applying the verdict

Part Five: Appeal and Review

Appeals against interlocutors
Review of the verdict
Motions for a new trial
Applications to enter verdicts on points reserved
Appeals from the Inner House

Appendices: Styles for issues, counter-issues and notes of exception; Example opening speech for pursuer; Some recent jury awards – death claims by relatives, personal injury awards and defamation awards; Index

 

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