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Civil Jury Trials
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2nd Edition
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Andrew M. Hajducki, QC
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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.
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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.
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Hardback, 277pp+xxxix, ISBN 1-904968-00-7
(978-1-904968-00-9) £65
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Published by and available from
AVIZANDUM PUBLISHING LTD, 58 Candlemaker Row, Edinburgh EH1 2QE ( Tel & Fax: 0131
220 3373, e-mail elizabeth@avizandum.com )
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CONTENTS OF THE BOOK
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Foreword – Preface – Table of Statutes –
Table of Orders, Rules and Regulations – Table of Cases
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Part One: Introduction
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The civil jury in Scotland: an overview
The historical
perspective
Civil juries and
human rights
Experience of
other jurisdictions
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Part Two: Proof or Jury Trial
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Competent actions
Special cause
Tactical and
Practical Considerations
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Part Three: Initial Procedure
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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
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Part Four: The Trial
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Preliminary
matters
Empanelling the jury
The opening speeches
Leading the evidence
The closing speeches
The judge’s charge
The verdict
Applying the verdict
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Part Five: Appeal
and Review
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Appeals against
interlocutors
Review of the verdict
Motions for a new trial
Applications to enter verdicts on
points reserved
Appeals from the Inner House
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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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