Ramsay v Timbet Woyka Ltd [2001] ScotCS 11 (18 January 2001)

Ramsay v Timbet Woyka Ltd [2001] ScotCS 11 (18 January 2001)

The court held that the necessity test for certification of skilled witnesses was not met, as the case was straightforward and the court could assess the prejudice to earning capacity without expert assistance.

Citation
[2001] ScotCS 11
Parties
Pursuer: Scott Ramsay; Defenders: Timbmet Woyka Limited
Jurisdiction
Scotland
Judgment Date
18 January 2001
Procedural Posture
Civil / Motion Hearing Prior to Proof
Outcome
Motion refused
Legal Topics
Expert Witness Certification, Court Procedure, Costs
Civil Procedure Expert Witness Certification Court Procedure Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Scott Ramsay

Pursuer

Timbmet Woyka Limited

Defenders

Procedural Posture

Civil / Motion Hearing Prior to Proof

Legal Issues

  1. 1 Whether it was necessary to certify two witnesses as skilled persons under Rule of Court 42.13 for the purpose of additional fees

Ratio Decidendi

The court held that the necessity test for certification of skilled witnesses was not met, as the case was straightforward and the court could assess the prejudice to earning capacity without expert assistance.

Court Disposition

Motion refused

Orders

  • Refusal to certify both witnesses as skilled persons under Rule of Court 42.13