Moore v The Scottish Daily Record And Sunday Mail Ltd [2008] ScotCS CSIH_66 (09 December 2008)

Moore v The Scottish Daily Record And Sunday Mail Ltd [2008] ScotCS CSIH_66 (09 December 2008)

The court has no inherent jurisdiction to order payment of court fees to the Scottish Court Service in the event of late settlement or abandonment of a hearing, as the statutory framework exhaustively regulates court fees and does not provide for such payments. The order made in Billig was ultra vires and is overruled.

Citation
[2008] ScotCS CSIH_66
Parties
Pursuer and Respondent: Craig Moore; Defenders and Reclaimers: The Scottish Daily Record and Sunday Mail Limited
Jurisdiction
Scotland
Judgment Date
09 December 2008
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Court of Session, Decision on Procedural Order and Expenses
Outcome
Billig overruled; interlocutor pronounced in terms of joint minute; no expenses due to or by either party.
Legal Topics
Court Fees, Inherent Jurisdiction, Abuse of Process, Expenses, Late Settlement
Civil Procedure Court Administration Court Fees Inherent Jurisdiction Abuse of Process Expenses Late Settlement

Case Brief

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Parties

Craig Moore

Pursuer and Respondent

The Scottish Daily Record and Sunday Mail Limited

Defenders and Reclaimers

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Court of Session, Decision on Procedural Order and Expenses

Legal Issues

  1. 1 Whether the court has inherent jurisdiction to order payment of court fees to the Scottish Court Service upon late settlement or abandonment of a hearing
  2. 2 Whether the order made in Billig v The Council of the Law Society of Scotland (No 2) was competent

Ratio Decidendi

The court has no inherent jurisdiction to order payment of court fees to the Scottish Court Service in the event of late settlement or abandonment of a hearing, as the statutory framework exhaustively regulates court fees and does not provide for such payments. The order made in Billig was ultra vires and is overruled.

Court Disposition

Billig overruled; interlocutor pronounced in terms of joint minute; no expenses due to or by either party.

Orders

  • Billig v The Council of the Law Society of Scotland (No 2) overruled
  • Interlocutor in terms of joint minute pronounced