JAMES MURRAY AGAINST ADMIRAL INSURANCE CO LTD [2015] ScotSC 53 (10 July 2015)

JAMES MURRAY AGAINST ADMIRAL INSURANCE CO LTD [2015] ScotSC 53 (10 July 2015)

The pursuer was entitled to commence proceedings due to defender's non-compliance with the Protocol, but acted with some unreasonableness given the pre-litigation offer exceeded the tender ultimately accepted; expenses should be restricted to the sum offered in terms of the Protocol, reflecting fairness and access to justice.

Citation
[2015] ScotSC 53
Parties
Pursuer: James Murray; Defender: Admiral Insurance Co Ltd
Jurisdiction
Scotland
Judgment Date
10 July 2015
Procedural Posture
Personal Injury Appeal / Appeal Against Sheriff's Award of Expenses
Outcome
Appeal allowed; sheriff's interlocutor recalled in part; expenses modified.
Legal Topics
Expenses, Pre Action Protocol, Settlement Offers, Access to Justice
Civil Procedure Personal Injury Expenses Pre Action Protocol Settlement Offers Access to Justice

Case Brief

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Parties

James Murray

Pursuer

Admiral Insurance Co Ltd

Defender

Procedural Posture

Personal Injury Appeal / Appeal Against Sheriff's Award of Expenses

Legal Issues

  1. 1 Whether pursuer acted unreasonably in commencing proceedings after pre-litigation offer exceeded tender
  2. 2 Applicability and consequences of non-compliance with Voluntary Pre-action Protocol
  3. 3 Appropriate modification of expenses in light of parties' conduct

Ratio Decidendi

The pursuer was entitled to commence proceedings due to defender's non-compliance with the Protocol, but acted with some unreasonableness given the pre-litigation offer exceeded the tender ultimately accepted; expenses should be restricted to the sum offered in terms of the Protocol, reflecting fairness and access to justice.

Court Disposition

Appeal allowed; sheriff's interlocutor recalled in part; expenses modified.

Orders

  • Defender liable to pursuer for £2712.00 inclusive of VAT plus reasonable disbursements as taxed up to 13 March 2014.
  • Account of expenses to be lodged and remitted to auditor of court to tax and report.