Anderson v Emtelle UK Ltd [2023] SC Edin 40 (14 November 2023)

Anderson v Emtelle UK Ltd [2023] SC Edin 40 (14 November 2023)

The delay in accepting the tender, though lengthy, was not unreasonable given the circumstances, including rescheduled appointments and the necessity of independent medical evidence. The instruction of junior counsel was justified by evidential complexity at the time counsel was instructed.

Citation
[2023] SC EDIN 40
Parties
Pursuer: Jamie Anderson; Defender: Emtelle UK Limited
Jurisdiction
Scotland
Judgment Date
14 November 2023
Procedural Posture
Personal Injury / Post Tender Motion Hearing
Outcome
Pursuer's motion granted; defender's motion refused.
Legal Topics
Expenses, Sanction for Counsel, Unreasonable Delay, QOCS
Personal Injury Civil Procedure Expenses Sanction for Counsel Unreasonable Delay QOCS

Case Brief

Summary, issues, holding and outcome

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Parties

Jamie Anderson

Pursuer

Emtelle UK Limited

Defender

Procedural Posture

Personal Injury / Post Tender Motion Hearing

Legal Issues

  1. 1 Whether delay in accepting tender was unreasonable under OCR 31A.2(2)(b)
  2. 2 Whether sanction for junior counsel should be granted

Ratio Decidendi

The delay in accepting the tender, though lengthy, was not unreasonable given the circumstances, including rescheduled appointments and the necessity of independent medical evidence. The instruction of junior counsel was justified by evidential complexity at the time counsel was instructed.

Court Disposition

Pursuer's motion granted; defender's motion refused.

Orders

  • Sanction for junior counsel granted.
  • Expenses awarded to pursuer.