Fallon & Anor v. Lamont & Ors [2004] ScotCS 184 (13 July 2004)

Fallon & Anor v. Lamont & Ors [2004] ScotCS 184 (13 July 2004)

The instruction of a skilled witness was not necessary or justified in these straightforward Section 8 and reimbursement claims, as the evidence required could be provided by the pursuers and their daughter, and commercial rates could be agreed without expert input.

Citation
[2004] ScotCS 184
Parties
Pursuer: Eamonn Fallon; Pursuer: Christine Ann Fallon; Defender: Denise Lamont (qua next of kin of the late Andrew Lamont)
Jurisdiction
Scotland
Judgment Date
13 July 2004
Procedural Posture
Personal Injury Action / Motion for Certification of Skilled Witness After Settlement by Acceptance of Tender
Outcome
Motion for certification of Ailish McCarron as a skilled witness refused.
Legal Topics
Certification of Skilled Witnesses, Section 8 Claims Under Administration of Justice Act 1982, Assessment of Damages for Services Rendered, Reimbursement of Expenses
Civil Procedure Personal Injury Certification of Skilled Witnesses Section 8 Claims Under Administration of Justice Act 1982 Assessment of Damages for Services Rendered Reimbursement of Expenses

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Parties

Eamonn Fallon

Pursuer

Christine Ann Fallon

Pursuer

Denise Lamont (qua next of kin of the late Andrew Lamont)

Defender

Procedural Posture

Personal Injury Action / Motion for Certification of Skilled Witness After Settlement by Acceptance of Tender

Legal Issues

  1. 1 Whether it was necessary to instruct a skilled witness for assessment of services and expenses claims under Section 8 of the Administration of Justice Act 1982

Ratio Decidendi

The instruction of a skilled witness was not necessary or justified in these straightforward Section 8 and reimbursement claims, as the evidence required could be provided by the pursuers and their daughter, and commercial rates could be agreed without expert input.

Court Disposition

Motion for certification of Ailish McCarron as a skilled witness refused.

Orders

  • Refusal of motion for certification of skilled witness.