Hylands v Glasgow City Council [2008] ScotCS CSOH_69 (13 May 2008)

Hylands v Glasgow City Council [2008] ScotCS CSOH_69 (13 May 2008)

It was reasonable for the pursuer to raise the action in the Court of Session at the time, as the privative jurisdiction was £1,500 and the claim exceeded that amount. The subsequent increase in the privative jurisdiction to £5,000 does not retrospectively render the choice unreasonable. Therefore, expenses should not be modified in this specific case.

Citation
[2008] ScotCS CSOH_69
Parties
Pursuer: Ann Catherine Hylands; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
13 May 2008
Procedural Posture
Personal Injury Claim / Motion for Modification of Expenses After Acceptance of Tender
Outcome
Motion for modification of expenses refused.
Legal Topics
Expenses, Jurisdiction, Summary Cause Procedure, Modification of Expenses
Civil Procedure Personal Injury Expenses Jurisdiction Summary Cause Procedure Modification of Expenses

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 11 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ann Catherine Hylands

Pursuer

Glasgow City Council

Defender

Procedural Posture

Personal Injury Claim / Motion for Modification of Expenses After Acceptance of Tender

Legal Issues

  1. 1 Whether expenses should be modified to the summary cause scale without certification for counsel when the sum recovered is below the privative jurisdiction of the sheriff court, in light of recent legislative changes.

Ratio Decidendi

It was reasonable for the pursuer to raise the action in the Court of Session at the time, as the privative jurisdiction was £1,500 and the claim exceeded that amount. The subsequent increase in the privative jurisdiction to £5,000 does not retrospectively render the choice unreasonable. Therefore, expenses should not be modified in this specific case.

Court Disposition

Motion for modification of expenses refused.

Orders

  • No modification of expenses; pursuer entitled to expenses on Court of Session scale.