Litigating for expenses; a lose/lose situation

In the recent case of Dorota Tomczak v Nicolas Reid [2017] SC Edin 63 Sheriff Kenneth G McGowan gave a clear indication of how the All-Scotland Personal Injury Court (ASPIC) would deal with cases raised solely to resolve a dispute on expenses. The case arose out of a straightforward road traffic accident. Liability was admitted by the Defender pre-litigation and the claim proceeded in terms of the Voluntary Pre-Action Protocol for Scotland (VPAP). Prior to litigation, negotiation took place and … Continued

Uncapped Expenses in Simple Procedure Claim

A Claimant in a Simple Procedure case which was initially defended and then settled by way of a Tender and Acceptance has been awarded expenses of the action as assessed (taxed) after the Court rejected the Respondent’s arguments that expenses should have been capped at 10% of the principal sum. The case of Ian Douglas Graham v Paul Farrell [2017] SC Edin 75 is the first Simple Procedure case to deal with the question of whether or not the principles … Continued

Danger of non-adherence to Court Rules

Sheriff Principal Stephen has issued an Opinion in the Sheriff Appeal Court case of General All Purpose Plastics Limited v John Young (2007) SAC (Civ) 30. This was an Appeal from the Sheriff Court. The Pursuers had moved for Decree by Default because the Defender had failed to intimate Defences. In addition he hadn’t opposed the Motion nor had he appeared in Court. Decree by Default had been granted. On appeal the Defender’s argument was to the effect that he … Continued

Sanction for Counsel in the National Personal Injury Court – an update

Two recent cases dealing with Sanction for Counsel in the National Personal Injury Court have provided Practitioners with further guidance as to how the Court will deal with such Motions. With the introduction of the National Personal Injury Court in September 2015 came the ability to move for sanction for Counsel in cases proceeding in the Sheriff Court or Sheriff Appeal Court. Section 108 of the Courts Reform (Scotland) Act 2014 (the 2014 Act) provides that in cases proceeding before … Continued