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