Nelson v Fife Council [2001] ScotCS 298 (20 December 2001)

Nelson v Fife Council [2001] ScotCS 298 (20 December 2001)

Certification of Mr Carlisle was allowed as the pursuer had complied with Rule 43.27(1) as far as practicable and his evidence was necessary; certification of Mr Davies was refused due to lack of material assistance and necessity, and to avoid unnecessary duplication of expert evidence.

Citation
[2001] ScotCS 298
Parties
Pursuer: David Douglas Watson Nelson; Defenders: Fife Council
Jurisdiction
Scotland
Judgment Date
20 December 2001
Procedural Posture
Action for Damages for Personal Injuries / Motion for Certification of Skilled Witnesses
Outcome
Motion granted in part
Legal Topics
Certification of Expert Witnesses, Optional Procedure, Loss of Earnings, Rule of Court 43.27
Personal Injury Civil Procedure Certification of Expert Witnesses Optional Procedure Loss of Earnings Rule of Court 43.27

Case Brief

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Parties

David Douglas Watson Nelson

Pursuer

Fife Council

Defenders

Procedural Posture

Action for Damages for Personal Injuries / Motion for Certification of Skilled Witnesses

Legal Issues

  1. 1 Whether the pursuer complied with Rule of Court 43.27(1) regarding disclosure of expert evidence
  2. 2 Whether certification of Mr Carlisle and Mr Davies as skilled witnesses was justified under Rules 43.27 and 42.13

Ratio Decidendi

Certification of Mr Carlisle was allowed as the pursuer had complied with Rule 43.27(1) as far as practicable and his evidence was necessary; certification of Mr Davies was refused due to lack of material assistance and necessity, and to avoid unnecessary duplication of expert evidence.

Court Disposition

Motion granted in part

Orders

  • Certification of Mr Ian Weir, Dr Derek Chiswick, and Mr David Carlisle as skilled witnesses for the pursuer
  • Certification of Mr Peter Davies as skilled witness refused