AB AGAINST INVERURIE SKIP HIRE LTD [2019] ScotCS CSOH_47 (21 June 2019)

AB AGAINST INVERURIE SKIP HIRE LTD [2019] ScotCS CSOH_47 (21 June 2019)

The defenders had reasonable excuse for delaying disclosure of surveillance evidence and expert commentary until close to the pre-trial meeting, as early disclosure would undermine the effectiveness of surveillance. The pursuer's delay in accepting the tender was the cause of the prolongation of litigation and associated expenses. Therefore, the normal rule applies: the pursuer is liable for the defenders' expenses from the date of the minute of tender.

Citation
[2019] ScotCS CSOH_47
Parties
Pursuer: AB; Defender: Inverurie Skip Hire Limited
Jurisdiction
Scotland
Judgment Date
21 June 2019
Procedural Posture
Personal Injury Action / Motion Roll Hearing on Expenses Following Acceptance of Tender
Outcome
Pursuer found liable for defenders' expenses from the date of the minute of tender.
Legal Topics
Expenses, Tender Procedure, Disclosure of Evidence, Surveillance Evidence
Civil Procedure Personal Injury Expenses Tender Procedure Disclosure of Evidence Surveillance Evidence

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Parties

AB

Pursuer

Inverurie Skip Hire Limited

Defender

Procedural Posture

Personal Injury Action / Motion Roll Hearing on Expenses Following Acceptance of Tender

Legal Issues

  1. 1 Whether the pursuer or defenders should bear post-tender expenses in a personal injury action where surveillance evidence was disclosed late

Ratio Decidendi

The defenders had reasonable excuse for delaying disclosure of surveillance evidence and expert commentary until close to the pre-trial meeting, as early disclosure would undermine the effectiveness of surveillance. The pursuer's delay in accepting the tender was the cause of the prolongation of litigation and associated expenses. Therefore, the normal rule applies: the pursuer is liable for the defenders' expenses from the date of the minute of tender.

Court Disposition

Pursuer found liable for defenders' expenses from the date of the minute of tender.

Orders

  • Pursuer to pay defenders' expenses from the date of the minute of tender.