Benjamin v. The Standard Life Employees Services Ltd [2010] ScotSC 20 (17 December 2010)

Benjamin v. The Standard Life Employees Services Ltd [2010] ScotSC 20 (17 December 2010)

The cost of reports from skilled persons obtained before proof is allowed may be recoverable as expenses under Regulation 6 of the 1993 Act of Sederunt, at the discretion of the Auditor, and do not require certification as skilled witnesses by the court. Certification is only necessary for recovery of witness charges when the person is to be called as a witness after proof is allowed.

Citation
[2010] ScotSC 20
Parties
Pursuer and Appellant: Charles Benjamin; Defenders and Respondents: The Standard Life Employees Services Limited
Jurisdiction
Scotland
Judgment Date
17 December 2010
Procedural Posture
Appeal in an Action of Damages for Personal Injuries / Appeal Against Sheriff's Interlocutor Refusing Note of Objections to Auditor's Report on Expenses
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Expenses of Process, Certification of Skilled Witnesses, Expert Reports, Sheriff Court Procedure
Civil Procedure Personal Injury Expenses of Process Certification of Skilled Witnesses Expert Reports Sheriff Court Procedure

Case Brief

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Parties

Charles Benjamin

Pursuer and Appellant

The Standard Life Employees Services Limited

Defenders and Respondents

Procedural Posture

Appeal in an Action of Damages for Personal Injuries / Appeal Against Sheriff's Interlocutor Refusing Note of Objections to Auditor's Report on Expenses

Legal Issues

  1. 1 Whether the cost of reports from skilled persons not certified as witnesses by the court are recoverable as expenses
  2. 2 Interpretation of Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992 and Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1993, Regulation 6

Ratio Decidendi

The cost of reports from skilled persons obtained before proof is allowed may be recoverable as expenses under Regulation 6 of the 1993 Act of Sederunt, at the discretion of the Auditor, and do not require certification as skilled witnesses by the court. Certification is only necessary for recovery of witness charges when the person is to be called as a witness after proof is allowed.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Pursuer and appellant found liable to defenders and respondents in expenses of the appeal.
  • Account of expenses remitted to Auditor of Court to tax and report.