Gary Bowers against Aviva Insurance LTD (Sheriff Appeal Court Civil) [2026] SACCIV 7 (27 January 2026)

Gary Bowers against Aviva Insurance LTD (Sheriff Appeal Court Civil) [2026] SACCIV 7 (27 January 2026)

The sheriff had discretion to award expenses on the summary cause scale even though the action was raised as an ordinary action in ASPIC, as the value of the claim was below the ordinary action threshold and the choice of forum did not compel an award on the ordinary cause scale. The sheriff's decision was not irrational, erroneous, or perverse, and was consistent with established legal principles.

Citation
[2026] SACCIV 7
Parties
Pursuer and Appellant: Gary Bowers; Defender and Respondent: Aviva Insurance Limited
Jurisdiction
Scotland
Judgment Date
27 January 2026
Procedural Posture
Appeal (civil) / Appeal Against Award of Expenses
Outcome
Appeal refused
Legal Topics
Expenses, Jurisdiction, Ordinary Cause Procedure, Summary Cause Procedure, Workplace Accident, Sheriff Appeal Court
Civil Procedure Personal Injury Expenses Jurisdiction Ordinary Cause Procedure Summary Cause Procedure Workplace Accident Sheriff Appeal Court

Case Brief

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Parties

Gary Bowers

Pursuer and Appellant

Aviva Insurance Limited

Defender and Respondent

Procedural Posture

Appeal (civil) / Appeal Against Award of Expenses

Legal Issues

  1. 1 Whether the sheriff erred in awarding expenses on the summary cause scale in a personal injury action raised under ASPIC where only ordinary cause procedure is available
  2. 2 Whether the sheriff had discretion to award expenses on the summary cause scale despite the action proceeding as an ordinary action

Ratio Decidendi

The sheriff had discretion to award expenses on the summary cause scale even though the action was raised as an ordinary action in ASPIC, as the value of the claim was below the ordinary action threshold and the choice of forum did not compel an award on the ordinary cause scale. The sheriff's decision was not irrational, erroneous, or perverse, and was consistent with established legal principles.

Court Disposition

Appeal refused

Orders

  • Appeal refused; parties to attempt to agree on disposal of expenses, failing which a hearing will be fixed by written submission within 21 days.