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 the reasons for delay in obtaining the medical report and the procedural history. It was appropriate for the pursuer to seek independent medical evidence. The instruction of junior counsel was justified due to the evidential complexity at the time of instruction. The pursuer's motion for expenses and sanction for counsel was granted.

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; Expenses and Sanction for Counsel
Outcome
Pursuer's motion granted in full; defender's motion refused.
Legal Topics
Expenses, Sanction for Counsel, QOCS (qualified One Way Costs Shifting), Tender Procedure
Civil Procedure Personal Injury Expenses Sanction for Counsel QOCS (qualified One Way Costs Shifting) Tender Procedure

Case Brief

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Parties

Jamie Anderson

Pursuer

Emtelle UK Limited

Defender

Procedural Posture

Personal Injury / Post Tender Motion Hearing; Expenses and Sanction for Counsel

Legal Issues

  1. 1 Whether the pursuer unreasonably delayed in accepting the tender, justifying disapplication of QOCS and award of expenses to defender
  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 the reasons for delay in obtaining the medical report and the procedural history. It was appropriate for the pursuer to seek independent medical evidence. The instruction of junior counsel was justified due to the evidential complexity at the time of instruction. The pursuer's motion for expenses and sanction for counsel was granted.

Court Disposition

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

Orders

  • Pursuer awarded expenses of the action and the motion.
  • Sanction for junior counsel granted.