Curran v. Kemp [2011] ScotCS CSOH_43 (04 March 2011)

Curran v. Kemp [2011] ScotCS CSOH_43 (04 March 2011)

Expenses incurred post-settlement for the creation and administration of a personal injury trust should have been anticipated and claimed as a separate head of damages; therefore, they are not recoverable from the defender. Certification of Daniel Kish as a skilled witness is reasonable given his unique expertise and the needs of the pursuer's child.

Citation
[2011] ScotCS CSOH_43
Parties
Pursuer: S R C on behalf of N S E C (anonymised as Mrs C and N); Defender: Mr Ewan Kemp
Jurisdiction
Scotland
Judgment Date
04 March 2011
Procedural Posture
Reparation (medical Negligence) / Post Settlement Motion Regarding Expenses and Certification of Expert Witness
Outcome
Motion to find defender liable for post-settlement expenses refused; Daniel Kish certified as a skilled witness.
Legal Topics
Expenses After Settlement, Certification of Skilled Witnesses, Children (scotland) Act 1995 Section 13, Personal Injury Trusts
Civil Procedure Medical Negligence Child Law Expenses After Settlement Certification of Skilled Witnesses Children (scotland) Act 1995 Section 13 Personal Injury Trusts

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 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

S R C on behalf of N S E C (anonymised as Mrs C and N)

Pursuer

Mr Ewan Kemp

Defender

Procedural Posture

Reparation (medical Negligence) / Post Settlement Motion Regarding Expenses and Certification of Expert Witness

Legal Issues

  1. 1 Whether expenses incurred post-settlement for establishing a personal injury trust are recoverable from the defender
  2. 2 Whether Daniel Kish should be certified as a skilled witness

Ratio Decidendi

Expenses incurred post-settlement for the creation and administration of a personal injury trust should have been anticipated and claimed as a separate head of damages; therefore, they are not recoverable from the defender. Certification of Daniel Kish as a skilled witness is reasonable given his unique expertise and the needs of the pursuer's child.

Court Disposition

Motion to find defender liable for post-settlement expenses refused; Daniel Kish certified as a skilled witness.

Orders

  • Refusal of motion for post-settlement expenses under Children (Scotland) Act 1995
  • Certification of Daniel Kish as a skilled witness