STEWART HAVLIN AGAINST HUGH TAIT HAILES [2014] ScotSC 70 (20 August 2014)

STEWART HAVLIN AGAINST HUGH TAIT HAILES [2014] ScotSC 70 (20 August 2014)

The sheriff has a broad inherent discretion to regulate expenses, including prescribing the mechanism for calculation (assessment or taxation). There is no statutory limitation preventing the court from ordering assessment by the sheriff clerk in an ordinary action. Given the circumstances—settlement within summary cause limits, agreement on summary cause scale, and simplicity of calculation—substantial justice is achieved by ordering assessment rather than taxation.

Citation
[2014] ScotSC 70
Parties
Pursuer: Stewart Havlin; Defender: Hugh Tait Hailes
Jurisdiction
Scotland
Judgment Date
20 August 2014
Procedural Posture
Personal Injuries Action (ordinary Cause) / Post Settlement, Expenses Determination
Outcome
Pursuer's motion for decree granted; expenses to be assessed by sheriff clerk at a diet of assessment; defender's motion for formal remit to summary cause roll refused.
Legal Topics
Expenses in Litigation, Assessment Vs Taxation of Expenses, Judicial Discretion in Costs, Remit Between Ordinary and Summary Cause Rolls
Civil Procedure Personal Injury Expenses in Litigation Assessment Vs Taxation of Expenses Judicial Discretion in Costs Remit Between Ordinary and Summary Cause Rolls

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Parties

Stewart Havlin

Pursuer

Hugh Tait Hailes

Defender

Procedural Posture

Personal Injuries Action (ordinary Cause) / Post Settlement, Expenses Determination

Legal Issues

  1. 1 Whether the court can order expenses in an ordinary action to be assessed by the sheriff clerk at a diet of assessment rather than taxed by the auditor of court
  2. 2 Whether a formal remit to the summary cause roll is necessary to allow assessment of expenses

Ratio Decidendi

The sheriff has a broad inherent discretion to regulate expenses, including prescribing the mechanism for calculation (assessment or taxation). There is no statutory limitation preventing the court from ordering assessment by the sheriff clerk in an ordinary action. Given the circumstances—settlement within summary cause limits, agreement on summary cause scale, and simplicity of calculation—substantial justice is achieved by ordering assessment rather than taxation.

Court Disposition

Pursuer's motion for decree granted; expenses to be assessed by sheriff clerk at a diet of assessment; defender's motion for formal remit to summary cause roll refused.

Orders

  • Awarded expenses to be assessed by sheriff clerk at a diet of assessment.
  • No formal remit to summary cause roll required.