Ackerman v Blackburn & Anor [2001] ScotCS 245 (1 November 2001)

Ackerman v Blackburn & Anor [2001] ScotCS 245 (1 November 2001)

There is no legal or factual basis to depart from the normal rule that expenses follow success; awarding expenses to the successful defenders/respondents does not violate Article 6 ECHR; allegations of bias are unfounded and were not pursued in the appeal hearing; the motion for expenses is competent and must be granted.

Citation
[2001] ScotCS 245
Parties
Pursuer and Reclaimer: Laura Ackerman; Defender and Respondent: Mrs. Jennifer Ann Blackburn; Defender and Respondent: Another (unnamed)
Jurisdiction
Scotland
Judgment Date
01 November 2001
Procedural Posture
Civil Appeal / Post Appeal Motion for Expenses
Outcome
Motion for expenses granted in favour of defenders/respondents; cause remitted to Lord Ordinary to consider additional fee motion.
Legal Topics
Costs and Expenses, Appeal Procedure, Allegation of Judicial Bias, European Convention on Human Rights Article 6
Civil Procedure Costs and Expenses Appeal Procedure Allegation of Judicial Bias European Convention on Human Rights Article 6

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Parties

Laura Ackerman

Pursuer and Reclaimer

Mrs. Jennifer Ann Blackburn

Defender and Respondent

Another (unnamed)

Defender and Respondent

Procedural Posture

Civil Appeal / Post Appeal Motion for Expenses

Legal Issues

  1. 1 Whether expenses should be awarded to successful defenders/respondents
  2. 2 Whether awarding expenses violates Article 6 ECHR
  3. 3 Whether allegation of judicial bias by Lord Ordinary invalidates judgment

Ratio Decidendi

There is no legal or factual basis to depart from the normal rule that expenses follow success; awarding expenses to the successful defenders/respondents does not violate Article 6 ECHR; allegations of bias are unfounded and were not pursued in the appeal hearing; the motion for expenses is competent and must be granted.

Court Disposition

Motion for expenses granted in favour of defenders/respondents; cause remitted to Lord Ordinary to consider additional fee motion.

Orders

  • Pursuer and reclaimer found liable to defenders and respondents in expenses in Outer House and Court of Session so far as not already dealt with.
  • Cause remitted to Lord Ordinary to consider and determine motion for additional fee regarding expenses in Outer House.