Manson v. Skinner [2002] ScotCS 61 (7th March, 2002)

Manson v. Skinner [2002] ScotCS 61 (7th March, 2002)

Where the sum awarded exceeds the tender only due to accrued interest after the date of tender, the court should exercise its discretion under section 1(1B) to award expenses to the defender from the date of tender, as the pursuer's refusal to accept the tender unnecessarily prolonged proceedings.

Citation
[2002] ScotCS 61
Parties
Pursuer and Respondent: Mrs Alice Manson; Defender and Appellant: R. L. Skinner
Jurisdiction
Scotland
Procedural Posture
Appeal / Inner House, Court of Session, Second Division
Outcome
Appeal allowed. Decision of sheriff restored.
Legal Topics
Expenses, Tenders, Interest on Damages
Civil Procedure Personal Injury Expenses Tenders Interest on Damages

Case Brief

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Parties

Mrs Alice Manson

Pursuer and Respondent

R. L. Skinner

Defender and Appellant

Procedural Posture

Appeal / Inner House, Court of Session, Second Division

Legal Issues

  1. 1 Whether a pursuer who beats a tender only by virtue of accrued interest is entitled to expenses after the date of tender under section 1(1B) of the Interest on Damages (Scotland) Act 1958.

Ratio Decidendi

Where the sum awarded exceeds the tender only due to accrued interest after the date of tender, the court should exercise its discretion under section 1(1B) to award expenses to the defender from the date of tender, as the pursuer's refusal to accept the tender unnecessarily prolonged proceedings.

Court Disposition

Appeal allowed. Decision of sheriff restored.

Orders

  • Defenders liable for expenses up to date of tender.
  • Defenders entitled to expenses from date of tender.