McGregor v. Alpha Airports Group [2011] ScotCS CSOH_81 (13 May 2011)

McGregor v. Alpha Airports Group [2011] ScotCS CSOH_81 (13 May 2011)

The court exercised its discretion to award the defenders only the expenses occasioned by the hearing on the minute of amendment, up to a maximum of £1,000, and refused the defenders' broader motion for expenses, taking into account the pursuer's impecuniosity, the unusual circumstances, and the approach of Lord Bannatyne in earlier interlocutors.

Citation
[2011] ScotCS CSOH_81
Parties
Pursuer: Raymond Allan Sinclair McGregor; Defenders: Alpha Airports Group plc
Jurisdiction
Scotland
Judgment Date
13 May 2011
Procedural Posture
Personal Injury Action (damages) / Motion for Expenses Following Decree of Absolvitor
Outcome
Defenders awarded expenses as taxed occasioned by the hearing on the minute of amendment, up to a maximum of £1,000; remainder of motion for expenses refused.
Legal Topics
Expenses (costs), Caution (security for Costs), Legal Aid, Impecuniosity, Absolvitor
Civil Procedure Employment Law Personal Injury Expenses (costs) Caution (security for Costs) Legal Aid Impecuniosity Absolvitor

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Raymond Allan Sinclair McGregor

Pursuer

Alpha Airports Group plc

Defenders

Procedural Posture

Personal Injury Action (damages) / Motion for Expenses Following Decree of Absolvitor

Legal Issues

  1. 1 Whether the defenders are entitled to expenses following decree of absolvitor due to pursuer's failure to find caution
  2. 2 Whether the court should exercise discretion to modify or refuse expenses given the pursuer's impecuniosity and circumstances

Ratio Decidendi

The court exercised its discretion to award the defenders only the expenses occasioned by the hearing on the minute of amendment, up to a maximum of £1,000, and refused the defenders' broader motion for expenses, taking into account the pursuer's impecuniosity, the unusual circumstances, and the approach of Lord Bannatyne in earlier interlocutors.

Court Disposition

Defenders awarded expenses as taxed occasioned by the hearing on the minute of amendment, up to a maximum of £1,000; remainder of motion for expenses refused.

Orders

  • Award of expenses to defenders limited to hearing on minute of amendment, maximum £1,000
  • No further award of expenses to defenders