ROBERT MALLINSON (AP) v. ETHICON LIMITED and ARTHUR MACKAY (ELECTRICAL CONTRACTORS) LTD [1999] ScotSC 7 (6th April, 1999)

ROBERT MALLINSON (AP) v. ETHICON LIMITED and ARTHUR MACKAY (ELECTRICAL CONTRACTORS) LTD [1999] ScotSC 7 (6th April, 1999)

The interlocutor of 15 May 1998 was defective and must be recalled; proper procedure for abandonment was followed by lodging a minute of abandonment consenting to decree of absolvitor; normal rule of expenses applies but pursuer's liability is modified to nil due to his limited means under section 18(2) of the Legal Aid (Scotland) Act 1986.

Citation
[1999] ScotSC 7
Parties
Pursuer: Robert Mallinson; First Defenders: Ethicon Limited; Second Defenders: Arthur Mackay (Electrical Contractors) Limited
Jurisdiction
Scotland
Procedural Posture
Personal Injury Action / Appeal Against Interlocutor; Interlocutor Recalled; Proof Allowed Against Second Defenders
Outcome
Appeal allowed; interlocutor of 15 May 1998 recalled; first defenders assoilzied; pursuer found liable for expenses to first defenders up to 15 May 1998 but liability modified to nil; no expenses due for appeal; proof allowed between pursuer and second defenders.
Legal Topics
Abandonment of Action, Expenses (costs), Legal Aid, Liability for Workplace Injury, Procedural Irregularity
Civil Procedure Personal Injury Abandonment of Action Expenses (costs) Legal Aid Liability for Workplace Injury Procedural Irregularity

Case Brief

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Parties

Robert Mallinson

Pursuer

Ethicon Limited

First Defenders

Arthur Mackay (Electrical Contractors) Limited

Second Defenders

Procedural Posture

Personal Injury Action / Appeal Against Interlocutor; Interlocutor Recalled; Proof Allowed Against Second Defenders

Legal Issues

  1. 1 Whether the interlocutor of 15 May 1998 was valid and effective
  2. 2 Proper procedure for abandonment of action against first defenders
  3. 3 Liability for expenses upon abandonment

Ratio Decidendi

The interlocutor of 15 May 1998 was defective and must be recalled; proper procedure for abandonment was followed by lodging a minute of abandonment consenting to decree of absolvitor; normal rule of expenses applies but pursuer's liability is modified to nil due to his limited means under section 18(2) of the Legal Aid (Scotland) Act 1986.

Court Disposition

Appeal allowed; interlocutor of 15 May 1998 recalled; first defenders assoilzied; pursuer found liable for expenses to first defenders up to 15 May 1998 but liability modified to nil; no expenses due for appeal; proof allowed between pursuer and second defenders.

Orders

  • Appeal allowed and interlocutor of 15 May 1998 recalled.
  • First defenders assoilzied from craves of the writ.