McGregor v Alpha Airports Group Plc [2010] ScotCS CSOH_137 (06 October 2010)
The pursuer's case, as pled on record, is without merit and he seeks to advance a case not before the court. Given his impecuniosity and the lack of merit, caution is justified to protect the defenders from irrecoverable expenses.
- Citation
- [2010] ScotCS CSOH_137
- Parties
- Pursuer: Raymond Allan Sinclair McGregor; Defender: Alpha Airports Group Plc
- Jurisdiction
- Scotland
- Judgment Date
- 06 October 2010
- Procedural Posture
- Personal Injury Action / Interlocutory Motion for Caution Prior to Proof
- Outcome
- Defenders' motion for caution granted
- Legal Topics
- Caution for Expenses, Impecuniosity, Merit of Claim, Manual Handling Regulations, Negligence
Case Brief
Summary, issues, holding and outcome
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Parties
Raymond Allan Sinclair McGregor
Pursuer
Alpha Airports Group Plc
Defender
Procedural Posture
Personal Injury Action / Interlocutory Motion for Caution Prior to Proof
Legal Issues
- 1 Whether caution for expenses should be ordered against an impecunious pursuer
- 2 Whether the pursuer's case has sufficient merit to avoid an order for caution
Ratio Decidendi
The pursuer's case, as pled on record, is without merit and he seeks to advance a case not before the court. Given his impecuniosity and the lack of merit, caution is justified to protect the defenders from irrecoverable expenses.
Court Disposition
Defenders' motion for caution granted
Orders
- Pursuer to find caution in the sum of £20,000 within 28 days
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