Compulsory pre-action protocol and expenses

In the case of Zdrzalka v Sabre Insurance (2018) SC EDIN 57 Sheriff McGowan had to consider the parties’ respective Motions for Expenses against a background of the Personal Injury Compulsory Pre-Action Protocol (CPAP). The Pursuer sought expenses following a Tender and Acceptance and the Defender opposed the Motion on the basis the expenses should be modified and there should be a contra-award in favour of the Defender. Pre-litigation the Defender had made a non-binding admission of liability which was … Continued