Lasseter v Highway Insurance Company Ltd [2011] ScotCS CSOH_161 (06 October 2011)

Lasseter v Highway Insurance Company Ltd [2011] ScotCS CSOH_161 (06 October 2011)

The action, though initially of higher value, settled for £2500, well below the threshold for Court of Session proceedings. There was no factual or legal complexity justifying the forum or employment of counsel. Neither Mr Perry nor Mr Welsh met the requirements for certification as skilled witnesses under Rule 42.13(2). Expenses were therefore modified to the Sheriff Court ordinary cause scale without sanction for counsel, and certification of skilled witnesses was refused.

Citation
[2011] ScotCS CSOH_161
Parties
Pursuer: William Lasseter; Defender: Highway Insurance Company Limited
Jurisdiction
Scotland
Judgment Date
06 October 2011
Procedural Posture
Damages Action (road Traffic Accident) / Post Settlement Ruling on Expenses and Certification of Skilled Witnesses
Outcome
Pursuer awarded expenses to date of tender, modified to Sheriff Court ordinary cause scale without sanction for counsel. Certification of Mr Perry and Mr Welsh as skilled witnesses refused.
Legal Topics
Expenses (costs) in Litigation, Certification of Skilled Witnesses, Jurisdiction and Forum Selection, Credit Hire Claims, Diminution of Value
Civil Procedure Insurance Law Personal Injury Expenses (costs) in Litigation Certification of Skilled Witnesses Jurisdiction and Forum Selection Credit Hire Claims Diminution of Value

Case Brief

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Parties

William Lasseter

Pursuer

Highway Insurance Company Limited

Defender

Procedural Posture

Damages Action (road Traffic Accident) / Post Settlement Ruling on Expenses and Certification of Skilled Witnesses

Legal Issues

  1. 1 Whether the pursuer is entitled to Court of Session expenses or should have expenses modified to Sheriff Court scale
  2. 2 Whether certification of Mr Charles Welsh and Mr Kenneth Perry as skilled witnesses is appropriate under Rule 42.13(2)
  3. 3 Whether the choice of forum (Court of Session) was justified given the value and complexity of the claim

Ratio Decidendi

The action, though initially of higher value, settled for £2500, well below the threshold for Court of Session proceedings. There was no factual or legal complexity justifying the forum or employment of counsel. Neither Mr Perry nor Mr Welsh met the requirements for certification as skilled witnesses under Rule 42.13(2). Expenses were therefore modified to the Sheriff Court ordinary cause scale without sanction for counsel, and certification of skilled witnesses was refused.

Court Disposition

Pursuer awarded expenses to date of tender, modified to Sheriff Court ordinary cause scale without sanction for counsel. Certification of Mr Perry and Mr Welsh as skilled witnesses refused.

Orders

  • Decern in terms of minutes of tender and acceptance for £2500.
  • Award pursuer expenses to date of tender on Sheriff Court ordinary cause scale, without sanction for counsel.