Delaney v. Finlay Park (t/a Park Hutchison) [2002] ScotCS 267 (27 September 2002)

Delaney v. Finlay Park (t/a Park Hutchison) [2002] ScotCS 267 (27 September 2002)

It is not competent for the court to certify as a skilled witness a person not employed by the party in the action; certification is not a prerequisite for the auditor to apply the relevant fee note.

Citation
[2002] ScotCS 267
Parties
Pursuer: John Delaney; Defender: Finlay Park trading as Park Hutchison
Jurisdiction
Scotland
Judgment Date
27 September 2002
Procedural Posture
Professional Negligence Action / Post Settlement Motion for Certification of Expert Witness
Outcome
Motion for certification of expert witness refused
Legal Topics
Expert Witness Certification, Solicitors' Fees, Court Discretion, Auditor's Role
Civil Procedure Professional Negligence Expert Witness Certification Solicitors' Fees Court Discretion Auditor's Role

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Parties

John Delaney

Pursuer

Finlay Park trading as Park Hutchison

Defender

Procedural Posture

Professional Negligence Action / Post Settlement Motion for Certification of Expert Witness

Legal Issues

  1. 1 Whether the court can certify an expert witness not employed by the pursuer for the purposes of Rule 42.13
  2. 2 Whether certification by the court is required for the application of Note 2(2), paragraph 5, of Part 5 of Rule 42.16 regarding skilled witness reports

Ratio Decidendi

It is not competent for the court to certify as a skilled witness a person not employed by the party in the action; certification is not a prerequisite for the auditor to apply the relevant fee note.

Court Disposition

Motion for certification of expert witness refused

Orders

  • Certification of Mr D Byrne as a skilled witness refused