Shaw v. Russell & Anor [2004] ScotCS 209 (29 June 2004)

Shaw v. Russell & Anor [2004] ScotCS 209 (29 June 2004)

The equities of the case, including the second defender's reasonable pre-trial offer and the partial success of both defenders, justify awarding the second defender his expenses against the first defender, modified by 5%, and granting the second defender relief from liability for the pursuer's expenses, also modified by 5%.

Citation
[2004] ScotCS 209
Parties
Pursuer: Elaine Shaw; First Defender: Andrew Russell; Second Defender: Another (Second Defender)
Jurisdiction
Scotland
Judgment Date
29 June 2004
Procedural Posture
Personal Injury Action / Post Jury Trial, Motion for Application of Verdict and Expenses
Outcome
Second defender awarded expenses against first defender, modified by 5%; second defender granted relief from liability for pursuer's expenses, modified by 5%.
Legal Topics
Apportionment of Liability, Expenses (costs), Judicial Offers and Tenders, Without Prejudice Correspondence
Tort Personal Injury Apportionment of Liability Expenses (costs) Judicial Offers and Tenders Without Prejudice Correspondence

Case Brief

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Parties

Elaine Shaw

Pursuer

Andrew Russell

First Defender

Another (Second Defender)

Second Defender

Procedural Posture

Personal Injury Action / Post Jury Trial, Motion for Application of Verdict and Expenses

Legal Issues

  1. 1 How should liability for expenses be apportioned between defenders after a jury verdict apportioning blame?
  2. 2 Does a 'without prejudice' settlement offer affect the award of expenses?

Ratio Decidendi

The equities of the case, including the second defender's reasonable pre-trial offer and the partial success of both defenders, justify awarding the second defender his expenses against the first defender, modified by 5%, and granting the second defender relief from liability for the pursuer's expenses, also modified by 5%.

Court Disposition

Second defender awarded expenses against first defender, modified by 5%; second defender granted relief from liability for pursuer's expenses, modified by 5%.

Orders

  • Second defender to recover expenses from first defender, subject to 5% modification.
  • Second defender relieved of liability for pursuer's expenses, subject to 5% modification.