JOHN SMITH & ELIZABETH SMITH v. FRAZER COOGANS & Ors [2014] ScotSC 46 (15 April 2014)

JOHN SMITH & ELIZABETH SMITH v. FRAZER COOGANS & Ors [2014] ScotSC 46 (15 April 2014)

Given the lengthy and complex history of the litigation, the importance of the motion to the defenders, and the involvement of senior counsel throughout, it was reasonable and appropriate to certify the motion as suitable for the employment of senior counsel and to award the expenses occasioned by the motion to the defenders.

Citation
[2014] ScotSC 46
Parties
Pursuer and Appellant: John Smith; Pursuer and Appellant: Elizabeth Smith; Defender and Respondent: Frazer Coogans; Defenders and Respondents: Others
Jurisdiction
Scotland
Judgment Date
15 April 2014
Procedural Posture
Civil Appeal (expenses and Certification of Counsel) / Appeal Motion Regarding Late Lodging and Expenses
Outcome
Motion for late appeal withdrawn; expenses of the motion awarded to defenders; certification of senior counsel granted for the motion.
Legal Topics
Expenses of Litigation, Certification of Counsel, Late Appeal Motions, Legal Aid Modification
Civil Procedure Legal Aid Costs Expenses of Litigation Certification of Counsel Late Appeal Motions Legal Aid Modification

Case Brief

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Parties

John Smith

Pursuer and Appellant

Elizabeth Smith

Pursuer and Appellant

Frazer Coogans

Defender and Respondent

Others

Defenders and Respondents

Procedural Posture

Civil Appeal (expenses and Certification of Counsel) / Appeal Motion Regarding Late Lodging and Expenses

Legal Issues

  1. 1 Whether the motion to receive the note of appeal late should be allowed to be withdrawn
  2. 2 Whether the expenses occasioned by the motion should be awarded to the defenders
  3. 3 Whether the motion was suitable for the employment of senior counsel

Ratio Decidendi

Given the lengthy and complex history of the litigation, the importance of the motion to the defenders, and the involvement of senior counsel throughout, it was reasonable and appropriate to certify the motion as suitable for the employment of senior counsel and to award the expenses occasioned by the motion to the defenders.

Court Disposition

Motion for late appeal withdrawn; expenses of the motion awarded to defenders; certification of senior counsel granted for the motion.

Orders

  • Allows the motion for the appeal to be received although late to be withdrawn.
  • Finds the pursuers and appellants liable to the defenders and respondents in the expenses incurred by said motion, including consideration of the note of appeal and the motion to allow the note of appeal to be received late, the preparation of written submissions for the hearing of the motion and attendance at Ayr...