OUTER HOUSE, COURT OF SESSION |
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A3214/01
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OPINION OF LORD WHEATLEY in the cause LISA MURRAY Pursuer; against LANARKSHIRE ACUTE HOSPITALS NHS TRUST Defenders:
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Pursuer: Wade; Gray Muirhead, W.S.
Defenders: Arthurson; R.F. Macdonald
5 February 2003
"Subject to Section 9(b) of this Act, the following actions of remitted to provision shall be tried by jury -
(a) An action of damages for personal injuries ..."
Section 9 of the Act provides:
The Lord Ordinary may allow a proof -
(a) In any action, other than an action enumerated in Section 11 of this Act, without the consent of both parties and without reporting to and obtaining the leave of the Inner House;
(b) In any action enumerated as aforesaid, of the parties to the action and consent thereto or if special cause is shown."