Montgomery v RGC (Offshore) Ltd [1999] ScotCS 238 (14 October 1999)

Montgomery v RGC (Offshore) Ltd [1999] ScotCS 238 (14 October 1999)

The lodging of a Minute offering to settle is a formality and does not, in itself, justify an additional fee under Rule 42.14(2)(g). There was no unreasonable delay by defenders in accepting the offer. The appropriate award is expenses of process as agreed in the Joint Minute, not an additional fee or agent and client expenses.

Citation
[1999] ScotCS 238
Parties
Pursuer: John Montgomery; Defenders: R. G. C. (Offshore) Limited
Jurisdiction
Scotland
Judgment Date
14 October 1999
Procedural Posture
Reparation / Motion for Additional Fee and Expenses Following Settlement
Outcome
Motion for additional fee refused; straightforward award of expenses of process granted as agreed.
Legal Topics
Expenses, Settlement, Additional Fee, Vibration White Finger, Solatium
Personal Injury Civil Procedure Expenses Settlement Additional Fee Vibration White Finger Solatium

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Parties

John Montgomery

Pursuer

R. G. C. (Offshore) Limited

Defenders

Procedural Posture

Reparation / Motion for Additional Fee and Expenses Following Settlement

Legal Issues

  1. 1 Whether pursuer is entitled to an additional fee under Rule of Court 42.14(2)(g) for steps taken to settle the cause
  2. 2 Whether expenses should be awarded on an agent and client, client paying basis due to alleged delay in settlement

Ratio Decidendi

The lodging of a Minute offering to settle is a formality and does not, in itself, justify an additional fee under Rule 42.14(2)(g). There was no unreasonable delay by defenders in accepting the offer. The appropriate award is expenses of process as agreed in the Joint Minute, not an additional fee or agent and client expenses.

Court Disposition

Motion for additional fee refused; straightforward award of expenses of process granted as agreed.

Orders

  • Refused pursuer's motion for additional fee under Rule of Court 42.14(2)(g)
  • Awarded expenses of process to pursuer as taxed