GRAFTON MERCHANDISING v. ROBERT MANSON [2012] ScotSC 22 (20 February 2012)

GRAFTON MERCHANDISING v. ROBERT MANSON [2012] ScotSC 22 (20 February 2012)

The Defender's conduct was not incompetent or unreasonable; amendment procedure and changes in defence were within rights and not unusual; expenses should be awarded only on the normal party and party scale.

Citation
[2012] ScotSC 22
Parties
Pursuer: Grafton Merchanting; Defender: Robert Manson
Jurisdiction
Scotland
Judgment Date
20 February 2012
Procedural Posture
Civil / Expenses Determination Following Amendment Procedure
Outcome
Defender liable to Pursuers for expenses of amendment procedure (excluding hearing on 7 February 2012) on party and party scale; no expenses due to or by either party for hearing on 7 February 2012.
Legal Topics
Expenses, Amendment Procedure, Jurisdiction, English Law
Civil Procedure Expenses Amendment Procedure Jurisdiction English Law

Case Brief

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Parties

Grafton Merchanting

Pursuer

Robert Manson

Defender

Procedural Posture

Civil / Expenses Determination Following Amendment Procedure

Legal Issues

  1. 1 Whether the Defender's conduct of litigation was incompetent or unreasonable to justify expenses on agent and client scale
  2. 2 Appropriate scale and period for award of expenses

Ratio Decidendi

The Defender's conduct was not incompetent or unreasonable; amendment procedure and changes in defence were within rights and not unusual; expenses should be awarded only on the normal party and party scale.

Court Disposition

Defender liable to Pursuers for expenses of amendment procedure (excluding hearing on 7 February 2012) on party and party scale; no expenses due to or by either party for hearing on 7 February 2012.

Orders

  • Defender liable for expenses of amendment procedure (except hearing on 7 February 2012) on party and party scale; remit account to Auditor of Court to tax and report.
  • No expenses due to or by either party for hearing on 7 February 2012.