EMMA LAWSON v. SABRE INSURANCE COMPANY [2013] ScotSC 63 (04 September 2013)

EMMA LAWSON v. SABRE INSURANCE COMPANY [2013] ScotSC 63 (04 September 2013)

Modification of expenses is necessary to mark the court's disapproval of the Pursuer's agents' conduct in raising proceedings unnecessarily and failing to follow familiar procedures. The Defenders' refusal to agree to the Protocol is legitimate, but both sides failed to act reasonably. Expenses are awarded on the Summary Cause Personal Injury Scale, restricted to 40% thereof.

Citation
[2013] ScotSC 63
Parties
Pursuer: Emma Lawson; Defenders: Sabre Insurance Company
Jurisdiction
Scotland
Judgment Date
04 September 2013
Procedural Posture
Personal Injury / Opposed Motion for Decree, Tender, Minute of Acceptance, and Expenses
Outcome
Decree granted against Defenders for payment to Pursuer; expenses awarded on Summary Cause Personal Injury Scale, restricted to 40% thereof.
Legal Topics
Expenses, Pre Action Protocols, Modification of Expenses, Summary Cause Procedure
Personal Injury Civil Procedure Expenses Pre Action Protocols Modification of Expenses Summary Cause Procedure

Case Brief

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Parties

Emma Lawson

Pursuer

Sabre Insurance Company

Defenders

Procedural Posture

Personal Injury / Opposed Motion for Decree, Tender, Minute of Acceptance, and Expenses

Legal Issues

  1. 1 Whether expenses should follow success or be modified
  2. 2 Appropriate scale and quantum of expenses in personal injury actions
  3. 3 Court's discretion to modify expenses

Ratio Decidendi

Modification of expenses is necessary to mark the court's disapproval of the Pursuer's agents' conduct in raising proceedings unnecessarily and failing to follow familiar procedures. The Defenders' refusal to agree to the Protocol is legitimate, but both sides failed to act reasonably. Expenses are awarded on the Summary Cause Personal Injury Scale, restricted to 40% thereof.

Court Disposition

Decree granted against Defenders for payment to Pursuer; expenses awarded on Summary Cause Personal Injury Scale, restricted to 40% thereof.

Orders

  • Payment of £3,150 net of recoverable benefits to Pursuer
  • Certification of Mr JE Scullion as expert witness