OPINION OF LADY SCOTT IN THE CAUSE THOMAS DOWNIE AGAINST CHRISTIE & SON (METAL MERCHANTS) Ltd [2014] ScotCS CSOH_108 (01 July 2014)

OPINION OF LADY SCOTT IN THE CAUSE THOMAS DOWNIE AGAINST CHRISTIE & SON (METAL MERCHANTS) Ltd [2014] ScotCS CSOH_108 (01 July 2014)

The instruction of additional skilled witnesses by the pursuer was reasonable in the circumstances, given the defenders' own expert instructions and the complexity of the issues. The fact that the pursuer ultimately relied on a different expert does not render the instruction of others unreasonable at the time. The pursuer is entitled to expenses of the cause, including the amendment procedure, as there was no sufficient basis to depart from the usual award.

Citation
[2014] ScotCS CSOH_108
Parties
Pursuer: Thomas Downie; Defender: Christie & Son (Metal Merchants) Limited
Jurisdiction
Scotland
Judgment Date
01 July 2014
Procedural Posture
Personal Injury Action / Post Settlement Motion for Expenses and Certification of Skilled Witnesses
Outcome
Expenses of the cause awarded to the pursuer; certification of five skilled witnesses granted; defenders assoilzied from the conclusion of the summons; account remitted to the Auditor of Court.
Legal Topics
Certification of Skilled Witnesses, Award of Expenses, Expert Evidence
Civil Procedure Personal Injury Certification of Skilled Witnesses Award of Expenses Expert Evidence

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Parties

Thomas Downie

Pursuer

Christie & Son (Metal Merchants) Limited

Defender

Procedural Posture

Personal Injury Action / Post Settlement Motion for Expenses and Certification of Skilled Witnesses

Legal Issues

  1. 1 Whether the instruction of two additional skilled witnesses by the pursuer was reasonable and should be certified
  2. 2 Whether the pursuer is entitled to expenses for the amendment procedure following the defenders' Minute of Amendment

Ratio Decidendi

The instruction of additional skilled witnesses by the pursuer was reasonable in the circumstances, given the defenders' own expert instructions and the complexity of the issues. The fact that the pursuer ultimately relied on a different expert does not render the instruction of others unreasonable at the time. The pursuer is entitled to expenses of the cause, including the amendment procedure, as there was no sufficient basis to depart from the usual award.

Court Disposition

Expenses of the cause awarded to the pursuer; certification of five skilled witnesses granted; defenders assoilzied from the conclusion of the summons; account remitted to the Auditor of Court.

Orders

  • Award the expenses of the cause without qualification to the pursuer.
  • Certify the five experts listed by the pursuer as skilled witnesses.