Presslie & Anor v Cochrane McGregor Group Ltd & Anor [1998] ScotCS 29 (15 October 1998)

Presslie & Anor v Cochrane McGregor Group Ltd & Anor [1998] ScotCS 29 (15 October 1998)

The court cannot determine entitlement to interest on expenses without the Auditor's report on taxation and further information as to whether the sums expended are exceptional. Decision on entitlement and rate of interest is reserved pending further investigation.

Citation
[1998] ScotCS 29
Parties
Pursuer: George William Sutherland Presslie and Another; Defender: Cochrane McGregor Group Limited and Another
Jurisdiction
Scotland
Judgment Date
15 October 1998
Procedural Posture
Ordinary Action (building Contract Dispute) / Interlocutory Decision on Entitlement to Interest on Expenses, Pending Auditor's Report
Outcome
Decision reserved pending Auditor's report and further investigation.
Legal Topics
Interest on Expenses, Building Contract Disputes, Exceptional Circumstances for Interest Awards
Civil Procedure Contract Law Construction Law Interest on Expenses Building Contract Disputes Exceptional Circumstances for Interest Awards

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Parties

George William Sutherland Presslie and Another

Pursuer

Cochrane McGregor Group Limited and Another

Defender

Procedural Posture

Ordinary Action (building Contract Dispute) / Interlocutory Decision on Entitlement to Interest on Expenses, Pending Auditor's Report

Legal Issues

  1. 1 Whether pursuers are entitled to an award of interest on outlays/disbursements incurred in litigation and, if so, how it should be quantified

Ratio Decidendi

The court cannot determine entitlement to interest on expenses without the Auditor's report on taxation and further information as to whether the sums expended are exceptional. Decision on entitlement and rate of interest is reserved pending further investigation.

Court Disposition

Decision reserved pending Auditor's report and further investigation.

Orders

  • Remit account of expenses to Auditor for report on whether sums expended, particularly for professional advice, are exceptional.
  • Reserve decision on entitlement and rate of interest until Auditor's report is received.