Laing v Scottish Arts Council [1999] ScotCS 270 (16 November 1999)

Laing v Scottish Arts Council [1999] ScotCS 270 (16 November 1999)

The court held that, notwithstanding the repeal of earlier statutory provisions, the consistent practice and authority in the Outer House is that an interlocutor disposing of the merits and expenses exhausts the competence of the Lord Ordinary, unless issues are reserved. However, Rule 4.15 of the Rules of Court allows alteration of an interlocutor before extract, and in this case, the circumstances justified exercising that power to amend the interlocutor to award the defenders expenses from the date of the tender, as the failure to move for such expenses was a simple mistake promptly brought to the court's attention.

Citation
[1999] ScotCS 270
Parties
Pursuer: Elizabeth Murray Laing; Defender: Scottish Arts Council
Jurisdiction
Scotland
Judgment Date
16 November 1999
Procedural Posture
Personal Injury Claim (damages for Injuries in Employment) / Post Proof, Motions Regarding Expenses Following Acceptance of Tender
Outcome
Interlocutor of 17 June amended to find pursuer liable to defenders for expenses from the date of the tender.
Legal Topics
Expenses (costs), Functus Officio, Correction/alteration of Interlocutor, Acceptance of Tender, Procedural Rules
Civil Procedure Employment Law Expenses (costs) Functus Officio Correction/alteration of Interlocutor Acceptance of Tender Procedural Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Elizabeth Murray Laing

Pursuer

Scottish Arts Council

Defender

Procedural Posture

Personal Injury Claim (damages for Injuries in Employment) / Post Proof, Motions Regarding Expenses Following Acceptance of Tender

Legal Issues

  1. 1 Whether the court was functus officio after pronouncing the interlocutor disposing of the merits and expenses
  2. 2 Whether procedural requirements for intimation of the minute of acceptance of tender were complied with
  3. 3 Whether the interlocutor could be altered de recenti to address expenses

Ratio Decidendi

The court held that, notwithstanding the repeal of earlier statutory provisions, the consistent practice and authority in the Outer House is that an interlocutor disposing of the merits and expenses exhausts the competence of the Lord Ordinary, unless issues are reserved. However, Rule 4.15 of the Rules of Court allows alteration of an interlocutor before extract, and in this case, the circumstances justified exercising that power to amend the interlocutor to award the defenders expenses from the date of the tender, as the failure to move for such expenses was a simple mistake promptly brought to the court's attention.

Court Disposition

Interlocutor of 17 June amended to find pursuer liable to defenders for expenses from the date of the tender.

Orders

  • Amendment of interlocutor to insert finding of liability by the pursuer to the defenders for expenses from the date of the tender.