Todd v. Roman Catholic Diocese Of Dunkeld & Anor [2004] ScotSC 34 (10 May 2004)

Todd v. Roman Catholic Diocese Of Dunkeld & Anor [2004] ScotSC 34 (10 May 2004)

The sheriff principal held that, for work done after 1 July 2002 and before 4 May 2004, the 2002 Act of Sederunt removed the requirement for prior court certification of skilled witnesses, leaving the matter to the auditor, but the court may still give directions. For work done before 1 July 2002, certification was required. It was reasonably necessary to instruct Mr Pollock at the time, so certification should be granted.

Citation
[2004] ScotSC 34
Parties
Pursuer and Appellant: Eileen Todd; First Defenders and Respondents: The Roman Catholic Diocese of Dunkeld; Second Defenders and Respondents: Dundee City Council
Jurisdiction
Scotland
Judgment Date
10 May 2004
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Certify Expert Witness
Outcome
Appeal allowed in part
Legal Topics
Certification of Skilled Witnesses, Expenses of Litigation, Expert Evidence, Sheriff Court Practice
Civil Procedure Certification of Skilled Witnesses Expenses of Litigation Expert Evidence Sheriff Court Practice

Case Brief

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Parties

Eileen Todd

Pursuer and Appellant

The Roman Catholic Diocese of Dunkeld

First Defenders and Respondents

Dundee City Council

Second Defenders and Respondents

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Certify Expert Witness

Legal Issues

  1. 1 Whether, under the 2002 Act of Sederunt, court certification of skilled witnesses is required for expenses to be allowed
  2. 2 Whether the sheriff erred in refusing to certify Mr Pollock as an expert witness
  3. 3 Whether the necessity of instructing an expert should be judged at the time of instruction

Ratio Decidendi

The sheriff principal held that, for work done after 1 July 2002 and before 4 May 2004, the 2002 Act of Sederunt removed the requirement for prior court certification of skilled witnesses, leaving the matter to the auditor, but the court may still give directions. For work done before 1 July 2002, certification was required. It was reasonably necessary to instruct Mr Pollock at the time, so certification should be granted.

Court Disposition

Appeal allowed in part

Orders

  • Recalls the sheriff's interlocutor of 9 October 2003 insofar as it refuses to certify Mr Pollock as an expert witness for the pursuer
  • Adheres to the sheriff's interlocutor quoad ultra