Scottish Court of Session Decisions

OUTER HOUSE, COURT OF SESSION
A143/98	OPINION OF LORD MACFADYEN in the cause CHARLES BRUCE FETTES and OTHERS Pursuers; against DAVID HERD LYNCH and OTHERS Defenders:   ________________

Pursuers: J. J. Mitchell, Q.C.; Anderson Strathern, W.S.

Defenders: R. G. Milligan; Simpson and Marwick, W.S.

 

17 October 2002

Introduction

1. This is an action of damages brought by relatives of the late Colin Bruce Fettes, who died in a road accident on 1 November 1995. The accident in which he died was the same one as that in which his girlfriend, Michelle Charlotte Gillies, died. The remaining issues in this action are the same as those which remain in the action at the instance of her relatives ("the Gillies action") (A1603/98). Both cases came before me on the procedure roll together. The contentions in this case were the same as those in the Gillies action.

The pursuers' pleadings

2. Both the first and the second pursuers in the present case make averments which Mr Milligan, for the defenders, characterised as averments of psychiatric injury.
3. In relation to the first pursuer it is averred inter alia:

"Following his son's death, the first pursuer has been stressed, depressed and has had difficulty sleeping. ... He is depressed."

There are averments of medical treatment and bereavement counselling.

4. In relation to the second pursuer it is averred inter alia:

"She is emotional and depressed."

There are averments of medical and psychiatric treatment and bereavement counselling.

Result

5. For the reasons which I have set out in my Opinion in the Gillies action, I reject the contention that the averments in question are of doubtful relevancy. I shall therefore repel the defenders' respective first pleas-in-law. I shall also repel the other preliminary pleas, which were not argued. That done, I shall allow issues. I shall reserve the expenses of the procedure roll hearing.