King v. Global Marine (UK) Ltd [2002] ScotCS 316 (13 December 2002)

King v. Global Marine (UK) Ltd [2002] ScotCS 316 (13 December 2002)

The four-month period for lodging an account of expenses runs from the final interlocutor on expenses in the individual claim, not from the conclusion of the entire process. The applicant's interpretation is inconsistent with the rule's wording and purpose.

Citation
[2002] ScotCS 316
Parties
First Pursuer and Reclaimer: Robina King; Second Pursuer: Kevin King; Third Pursuer: Karen King; Fourth Pursuer: Thomas King; Fifth Pursuer: Mrs. Eleanor King; First Defender and Respondent: Global Marine (UK) Limited; Second Defender: MacGregor Energy Services Limited
Jurisdiction
Scotland
Judgment Date
13 December 2002
Procedural Posture
Reclaiming Motion (appeal) / Inner House, Court of Session, Post Interlocutor, Expenses Recovery
Outcome
Reclaiming motion refused
Legal Topics
Court Rules, Expenses, Time Limits, Multi Party Litigation
Civil Procedure Court Rules Expenses Time Limits Multi Party Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Robina King

First Pursuer and Reclaimer

Kevin King

Second Pursuer

Karen King

Third Pursuer

Thomas King

Fourth Pursuer

Mrs. Eleanor King

Fifth Pursuer

Global Marine (UK) Limited

First Defender and Respondent

MacGregor Energy Services Limited

Second Defender

Procedural Posture

Reclaiming Motion (appeal) / Inner House, Court of Session, Post Interlocutor, Expenses Recovery

Legal Issues

  1. 1 Interpretation of Rule of Court 42.1(2)(a) regarding time limit for lodging account of expenses
  2. 2 Whether the four-month period runs from the final interlocutor in the whole process or from the final interlocutor in respect of the individual claim

Ratio Decidendi

The four-month period for lodging an account of expenses runs from the final interlocutor on expenses in the individual claim, not from the conclusion of the entire process. The applicant's interpretation is inconsistent with the rule's wording and purpose.

Court Disposition

Reclaiming motion refused

Orders

  • Leave to lodge account of expenses late refused
  • No change to prior interlocutor