Hunt v. British Bakeries Ltd [2004] ScotCS 231 (20 October 2004)

Hunt v. British Bakeries Ltd [2004] ScotCS 231 (20 October 2004)

It was reasonable for the pursuer's agents to raise the action in the Court of Session based on their assessment of the claim's value and the efficiency of Chapter 43 procedure. There was no cogent evidence that litigating in the Sheriff Court would have been significantly cheaper or more appropriate. Expenses should not be restricted to the summary cause scale.

Citation
[2004] ScotCS 231
Parties
Pursuer: Robert Hunt; Defenders: British Bakeries Limited
Jurisdiction
Scotland
Judgment Date
20 October 2004
Procedural Posture
Personal Damages Action / Motion Roll; Expenses Following Settlement by Tender
Outcome
Pursuer's motion granted; no restriction of expenses to Sheriff Court scale.
Legal Topics
Expenses, Jurisdiction, Summary Cause Procedure, Ordinary Cause Procedure, Court of Session Rules
Personal Injury Civil Procedure Expenses Jurisdiction Summary Cause Procedure Ordinary Cause Procedure Court of Session Rules

Case Brief

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Parties

Robert Hunt

Pursuer

British Bakeries Limited

Defenders

Procedural Posture

Personal Damages Action / Motion Roll; Expenses Following Settlement by Tender

Legal Issues

  1. 1 Whether expenses should be restricted to Sheriff Court summary cause scale due to low settlement value
  2. 2 Whether it was reasonable to raise the action in the Court of Session rather than the Sheriff Court

Ratio Decidendi

It was reasonable for the pursuer's agents to raise the action in the Court of Session based on their assessment of the claim's value and the efficiency of Chapter 43 procedure. There was no cogent evidence that litigating in the Sheriff Court would have been significantly cheaper or more appropriate. Expenses should not be restricted to the summary cause scale.

Court Disposition

Pursuer's motion granted; no restriction of expenses to Sheriff Court scale.

Orders

  • Decree in terms of Minute of Tender and acceptance for £1,450.
  • Certification of one expert witness.