Moore v. The Scottish Daily Record & Anor [2008] ScotCS CSIH_50 (07 August 2008)

Moore v. The Scottish Daily Record & Anor [2008] ScotCS CSIH_50 (07 August 2008)

The court determined that there was serious doubt as to its power to make orders imposing court fees as in Billig & Another, and that the issue should be referred to a bench of five judges for full argument and possible overruling of precedent.

Citation
[2008] ScotCS CSIH_50
Parties
Pursuer & Respondent: Craig Moore; Defenders & Reclaimers: The Scottish Daily Record & Sunday Mail Limited
Jurisdiction
Scotland
Judgment Date
07 August 2008
Procedural Posture
Defamation Action / Reclaiming Motion Following Procedure Roll Debate
Outcome
Matter referred to a bench of five judges for determination of court's powers; motion in respect of Joint Minute continued.
Legal Topics
Court Powers Regarding Wasted Costs, Settlement Procedure, Authority to Impose Court Fees
Civil Procedure Defamation Court Powers Regarding Wasted Costs Settlement Procedure Authority to Impose Court Fees

Case Brief

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Parties

Craig Moore

Pursuer & Respondent

The Scottish Daily Record & Sunday Mail Limited

Defenders & Reclaimers

Procedural Posture

Defamation Action / Reclaiming Motion Following Procedure Roll Debate

Legal Issues

  1. 1 Whether the court has power to impose court fees on parties following late settlement
  2. 2 Competency of orders similar to Billig & Another v The Council of the Law Society of Scotland

Ratio Decidendi

The court determined that there was serious doubt as to its power to make orders imposing court fees as in Billig & Another, and that the issue should be referred to a bench of five judges for full argument and possible overruling of precedent.

Court Disposition

Matter referred to a bench of five judges for determination of court's powers; motion in respect of Joint Minute continued.

Orders

  • Interlocutor pronounced continuing the motion regarding the Joint Minute until after decision by five judges.
  • Lord Advocate requested to nominate an amicus curiae.