Keith v. Chalmers & Ors [2002] ScotCS 294 (11 November 2002)

Keith v. Chalmers & Ors [2002] ScotCS 294 (11 November 2002)

The ordinary rule that expenses follow success applies. The pursuer, having failed to prove loss resulting from the defenders' negligence, is not entitled to expenses. Establishing negligence without proving loss does not constitute success for the purposes of awarding expenses in an action of damages.

Citation
[2002] ScotCS 294
Parties
Pursuer: Murray Keith; Defenders: Davidson Chalmers and Others
Jurisdiction
Scotland
Judgment Date
11 November 2002
Procedural Posture
Action of Damages for Professional Negligence / Post Trial, Motions for Expenses Following Decree of Absolvitor and Reclaiming Motion
Outcome
Pursuer found liable to defenders in the expenses of the action and the hearing of the motions for expenses.
Legal Topics
Expenses of Process, Breach of Contract, Fiduciary Duties, Nominal Damages
Professional Negligence Contract Law Civil Procedure Expenses of Process Breach of Contract Fiduciary Duties Nominal Damages

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Parties

Murray Keith

Pursuer

Davidson Chalmers and Others

Defenders

Procedural Posture

Action of Damages for Professional Negligence / Post Trial, Motions for Expenses Following Decree of Absolvitor and Reclaiming Motion

Legal Issues

  1. 1 Whether the pursuer should be awarded expenses despite defenders being assoilzied
  2. 2 Whether breach of contract without proof of loss entitles pursuer to nominal damages and expenses

Ratio Decidendi

The ordinary rule that expenses follow success applies. The pursuer, having failed to prove loss resulting from the defenders' negligence, is not entitled to expenses. Establishing negligence without proving loss does not constitute success for the purposes of awarding expenses in an action of damages.

Court Disposition

Pursuer found liable to defenders in the expenses of the action and the hearing of the motions for expenses.

Orders

  • Pursuer to pay defenders' expenses of the action.
  • Pursuer to pay defenders' expenses of the hearing of the motions for expenses.