ANTHONY PHEE AGAINST (1) JAMES GORDON AND (2) NIDDRY CASTLE GOLF CLUB [2014] ScotCS CSIH_50 (06 June 2014)

ANTHONY PHEE AGAINST (1) JAMES GORDON AND (2) NIDDRY CASTLE GOLF CLUB [2014] ScotCS CSIH_50 (06 June 2014)

Interest on expenses is only recoverable from the date of decerniture for payment, unless highly exceptional circumstances exist, which were not present in this case. The pursuer's arguments did not meet the threshold for exception, as the circumstances were not extraordinary and the pursuer was not personally out of pocket due to speculative funding.

Citation
[2014] ScotCS CSIH_50
Parties
Pursuer and Respondent: Anthony Phee; First Defender and Reclaimer: James Gordon; Second Defender and Reclaimer: Niddry Castle Golf Club
Jurisdiction
Scotland
Judgment Date
06 June 2014
Procedural Posture
Reparation for Personal Injury / Motion for Interest on Expenses Following Appellate and Expense Proceedings
Outcome
Motion for interest on expenses prior to decerniture refused.
Legal Topics
Interest on Expenses, Common Law on Interest, Exceptional Circumstances for Interest, Apportionment of Liability
Civil Procedure Personal Injury Costs and Expenses Interest on Expenses Common Law on Interest Exceptional Circumstances for Interest Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anthony Phee

Pursuer and Respondent

James Gordon

First Defender and Reclaimer

Niddry Castle Golf Club

Second Defender and Reclaimer

Procedural Posture

Reparation for Personal Injury / Motion for Interest on Expenses Following Appellate and Expense Proceedings

Legal Issues

  1. 1 Whether interest on expenses can be awarded prior to decerniture for payment
  2. 2 Whether exceptional circumstances justify interest on expenses prior to decree

Ratio Decidendi

Interest on expenses is only recoverable from the date of decerniture for payment, unless highly exceptional circumstances exist, which were not present in this case. The pursuer's arguments did not meet the threshold for exception, as the circumstances were not extraordinary and the pursuer was not personally out of pocket due to speculative funding.

Court Disposition

Motion for interest on expenses prior to decerniture refused.

Orders

  • Refused pursuer's motion for interest on expenses prior to date of decerniture.