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