MCCRINDLE GROUP LTD v. MACLAY MURRAY AND SPENS [2013] ScotCS CSOH_97 (20 June 2013)

MCCRINDLE GROUP LTD v. MACLAY MURRAY AND SPENS [2013] ScotCS CSOH_97 (20 June 2013)

The court accepted the defender's estimate of legal expenses as the best available and awarded judicial interest on the aggregate damages at 8% until December 2008 and 4% thereafter, in line with market rates and prior authority.

Citation
[2013] ScotCS CSOH_97
Parties
Pursuer: McCrindle Group Ltd; Defender: Maclay Murray & Spens
Jurisdiction
Scotland
Judgment Date
20 June 2013
Procedural Posture
Civil Action for Damages (professional Negligence) / Final Judgment on Quantum and Interest
Outcome
Decree for pursuer
Legal Topics
Damages Assessment, Judicial Interest, Legal Expenses, Settlement Loss
Professional Negligence Contract Law Damages Assessment Judicial Interest Legal Expenses Settlement Loss

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

McCrindle Group Ltd

Pursuer

Maclay Murray & Spens

Defender

Procedural Posture

Civil Action for Damages (professional Negligence) / Final Judgment on Quantum and Interest

Legal Issues

  1. 1 Quantum of legal expenses recoverable due to loss of settlement opportunity
  2. 2 Appropriate calculation and rate of judicial interest on damages

Ratio Decidendi

The court accepted the defender's estimate of legal expenses as the best available and awarded judicial interest on the aggregate damages at 8% until December 2008 and 4% thereafter, in line with market rates and prior authority.

Court Disposition

Decree for pursuer

Orders

  • MMS to pay MGL £473,706 inclusive of interest to 4 June 2013
  • Interest to run at 8% per year on that sum until payment