CMS Scotland Ltd v ING Lease (UK) Ltd & Anor [2010] ScotCS CSOH_127 (21 July 2010)

CMS Scotland Ltd v ING Lease (UK) Ltd & Anor [2010] ScotCS CSOH_127 (21 July 2010)

Pursuers are liable for 75% of defenders' expenses due to delay caused by addition of a witness; defenders are liable for third party's expenses as they convened the third party and pursuers had no case against them.

Citation
[2010] ScotCS CSOH_127
Parties
Pursuer: CMS Scotland Limited; Defender: ING Lease (UK) Limited; Third Party: Mann Island Finance Limited
Jurisdiction
Scotland
Judgment Date
21 July 2010
Procedural Posture
Civil / Post Judgment; Determination of Expenses
Outcome
Pursuers liable for 75% of defenders' expenses; defenders liable for third party's expenses.
Legal Topics
Expenses, Costs, Third Party Proceedings
Civil Procedure Expenses Costs Third Party Proceedings

Case Brief

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Parties

CMS Scotland Limited

Pursuer

ING Lease (UK) Limited

Defender

Mann Island Finance Limited

Third Party

Procedural Posture

Civil / Post Judgment; Determination of Expenses

Legal Issues

  1. 1 Which party is liable for expenses following the substantive decision
  2. 2 Extent of pursuers' liability for defenders' expenses
  3. 3 Responsibility for third party's expenses

Ratio Decidendi

Pursuers are liable for 75% of defenders' expenses due to delay caused by addition of a witness; defenders are liable for third party's expenses as they convened the third party and pursuers had no case against them.

Court Disposition

Pursuers liable for 75% of defenders' expenses; defenders liable for third party's expenses.

Orders

  • Pursuers to pay 75% of defenders' expenses.
  • Defenders to pay third party's expenses.