Colin Gillan v Mark Sinclair (Sheriff Appeal Court Civil) [2025] SACCIV 35 (16 October 2025)

Colin Gillan v Mark Sinclair (Sheriff Appeal Court Civil) [2025] SACCIV 35 (16 October 2025)

No award can competently be sought or made under OCR 27A.9 without preparation and submission of an account of expenses and completion of taxation; appeal is incompetent as calculation mechanism is defeated.

Citation
[2025] SACCIV 35
Parties
Pursuer and Respondent: Colin Gillan; Defender and Appellant: Mark Sinclair
Jurisdiction
Scotland
Judgment Date
16 October 2025
Procedural Posture
Civil Appeal / Appeal Against Refusal to Award Expenses Under Chapter 27 a OCR
Outcome
Appeal dismissed as incompetent
Legal Topics
Expenses, Counterclaim, Ordinary Cause Rules, Statutory Interpretation
Civil Procedure Expenses Counterclaim Ordinary Cause Rules Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

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Parties

Colin Gillan

Pursuer and Respondent

Mark Sinclair

Defender and Appellant

Procedural Posture

Civil Appeal / Appeal Against Refusal to Award Expenses Under Chapter 27 a OCR

Legal Issues

  1. 1 Whether Chapter 27A OCR applies to a defender in a counterclaim for expenses
  2. 2 Whether procedural requirements for lodging account of expenses were met
  3. 3 Whether motion for additional sum under Chapter 27A was competent and timeous

Ratio Decidendi

No award can competently be sought or made under OCR 27A.9 without preparation and submission of an account of expenses and completion of taxation; appeal is incompetent as calculation mechanism is defeated.

Court Disposition

Appeal dismissed as incompetent

Orders

  • Appeal dismissed
  • Parties to attempt agreement on expenses and sanction for junior counsel; failing which, written submissions within 21 days and clerk to fix hearing