Stewart v. Speed [2006] ScotSC 32 (28 March 2006)

Stewart v. Speed [2006] ScotSC 32 (28 March 2006)

The pursuer is entitled to an award of expenses, but only in accordance with Chapter 10 of the Table of Fees for General Business in force prior to January 2004, as there is no legal entitlement to a higher scale and both parties acted on the expectation of extra-judicial expenses based on practice.

Citation
[2006] ScotSC 32
Parties
Pursuer: David Stewart; Defender: Archibald Speed
Jurisdiction
Scotland
Judgment Date
28 March 2006
Procedural Posture
Reparation (damages for Road Traffic Accident) / Judgment After Acceptance of Tender and Argument on Expenses
Outcome
Decree for payment to the pursuer of £1,400; expenses awarded to the pursuer limited to Chapter 10 of the Table of Fees in force prior to January 2004.
Legal Topics
Expenses (costs), Judicial Tender, Pre Action Settlement, Table of Fees, Road Traffic Accident
Civil Procedure Personal Injury Expenses (costs) Judicial Tender Pre Action Settlement Table of Fees Road Traffic Accident

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Parties

David Stewart

Pursuer

Archibald Speed

Defender

Procedural Posture

Reparation (damages for Road Traffic Accident) / Judgment After Acceptance of Tender and Argument on Expenses

Legal Issues

  1. 1 Whether the pursuer is entitled to judicial or extra-judicial expenses after acceptance of a tender matching a pre-litigation offer
  2. 2 Which version of the Table of Fees applies to the award of expenses

Ratio Decidendi

The pursuer is entitled to an award of expenses, but only in accordance with Chapter 10 of the Table of Fees for General Business in force prior to January 2004, as there is no legal entitlement to a higher scale and both parties acted on the expectation of extra-judicial expenses based on practice.

Court Disposition

Decree for payment to the pursuer of £1,400; expenses awarded to the pursuer limited to Chapter 10 of the Table of Fees in force prior to January 2004.

Orders

  • Defender to pay pursuer £1,400 sterling.
  • Defender liable to pursuer in expenses in accordance with Chapter 10 of the Table of Fees for General Business in force prior to January 2004.