PAUL BENT AGAINST MICHAEL TREVETT [2015] ScotSC 14 (02 March 2015)

PAUL BENT AGAINST MICHAEL TREVETT [2015] ScotSC 14 (02 March 2015)

Where parties are signatories to the voluntary pre-action protocol and the pursuer adheres to its terms, raising proceedings after 21 days without response is reasonable and does not warrant refusal or modification of expenses solely for lack of further warning. Modification of expenses is justified only for specific conduct, such as delay in releasing medical evidence.

Citation
[2015] ScotSC 14
Parties
Pursuer and Appellant: Paul Bent; Defender and Respondent: Michael Trevett
Jurisdiction
Scotland
Judgment Date
02 March 2015
Procedural Posture
Summary Cause Appeal / Appeal Judgment
Outcome
Appeal allowed; sheriff's interlocutor recalled as regards expenses; defender liable to pursuer in expenses of action on summary cause scale modified by 15%; defender liable in expenses of appeal; appeal not certified for junior counsel.
Legal Topics
Expenses, Pre Action Protocol, Road Traffic Accident, Damages
Civil Procedure Personal Injury Expenses Pre Action Protocol Road Traffic Accident Damages

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Parties

Paul Bent

Pursuer and Appellant

Michael Trevett

Defender and Respondent

Procedural Posture

Summary Cause Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether adherence to the voluntary pre-action protocol constitutes reasonable pre-litigation conduct
  2. 2 Whether a further warning letter is required before raising proceedings when protocol is followed
  3. 3 Whether delay in releasing medical evidence justifies modification of expenses

Ratio Decidendi

Where parties are signatories to the voluntary pre-action protocol and the pursuer adheres to its terms, raising proceedings after 21 days without response is reasonable and does not warrant refusal or modification of expenses solely for lack of further warning. Modification of expenses is justified only for specific conduct, such as delay in releasing medical evidence.

Court Disposition

Appeal allowed; sheriff's interlocutor recalled as regards expenses; defender liable to pursuer in expenses of action on summary cause scale modified by 15%; defender liable in expenses of appeal; appeal not certified for junior counsel.

Orders

  • Defender liable to pursuer in expenses of action on summary cause scale modified by 15%.
  • Defender liable to pursuer in expenses of appeal as assessed.