Donnachie v Happit Ltd & Anor [2001] ScotCS 281 (5 December 2001)

The pursuer chose to sue both defenders without inducement from the first defenders; therefore, the pursuer is liable for the second defenders' expenses, and no right of relief against the first defenders arises.

Citation: [2001] ScotCS 281
Parties: Pursuer: Hugh Lawrie Donnachie; First Defenders: Happit Limited; Second Defenders: R & J Hopkins (Electrical) Limited
Jurisdiction: Scotland
Judgment Date: 05 December 2001
Procedural Posture: Reparation (personal Injury) / Post Settlement Motion on Expenses
Outcome: Pursuer found liable to the second defenders in their expenses; no further order.
Legal Topics: Expenses (costs), Liability of Defenders, Right of Relief, Tender Acceptance

Civil Procedure Personal Injury Expenses (costs) Liability of Defenders Right of Relief Tender Acceptance

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1

Parties

Hugh Lawrie Donnachie

Pursuer

Happit Limited

First Defenders

R & J Hopkins (Electrical) Limited

Second Defenders

Procedural Posture

Reparation (personal Injury) / Post Settlement Motion on Expenses

Legal Issues

1 Whether the second defenders are entitled to expenses from the pursuer after being found not liable
2 Whether the pursuer is entitled to relief against the first defenders for any expenses awarded to the second defenders

Ratio Decidendi

Court Disposition

Pursuer found liable to the second defenders in their expenses; no further order.

Orders

Pursuer to pay the second defenders' expenses
No order quoad ultra