Gough v. Glasgow City Council [2006] ScotCS CSOH_27 (14 February 2006)

Gough v. Glasgow City Council [2006] ScotCS CSOH_27 (14 February 2006)

The pursuer did not act unreasonably in failing to accept the £15,000 tender while it was live, as it was reasonable to seek further medical advice and counsel's opinion before making a decision. Once the tender was withdrawn, it could not be relied upon by the defenders. The ordinary rule that expenses follow success applies.

Citation
[2006] ScotCS CSOH_27
Parties
Pursuer: Bernard Gough; Defenders: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
14 February 2006
Procedural Posture
Civil / Post Proof, Expenses Determination
Outcome
Award of expenses in favour of the pursuer.
Legal Topics
Expenses, Judicial Tender, Reasonableness of Conduct
Civil Procedure Expenses Judicial Tender Reasonableness of Conduct

Case Brief

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Parties

Bernard Gough

Pursuer

Glasgow City Council

Defenders

Procedural Posture

Civil / Post Proof, Expenses Determination

Legal Issues

  1. 1 Whether the pursuer acted unreasonably in failing to accept a withdrawn minute of tender for £15,000
  2. 2 Whether the defenders can rely on a withdrawn tender to affect the award of expenses

Ratio Decidendi

The pursuer did not act unreasonably in failing to accept the £15,000 tender while it was live, as it was reasonable to seek further medical advice and counsel's opinion before making a decision. Once the tender was withdrawn, it could not be relied upon by the defenders. The ordinary rule that expenses follow success applies.

Court Disposition

Award of expenses in favour of the pursuer.

Orders

  • Defenders to pay the pursuer's expenses as taxed.