TODS MURRAY WS v. ARAKIN Ltd [2013] ScotCS CSOH_134 (08 August 2013)

TODS MURRAY WS v. ARAKIN Ltd [2013] ScotCS CSOH_134 (08 August 2013)

Pursuer is entitled to uplift the consigned sum to the extent of principal and interest, expenses on solicitor and client scale, additional fee under heads (a)-(c),(e), certification of skilled witness, and interim payment of £150,000. Defender's motions are refused as misconceived and lacking merit. Judge's prior involvement was disclosed and waived; no grounds for recusal.

Citation
[2013] ScotCS CSOH_134
Parties
Pursuer: Tods Murray WS; Defender: Arakin Ltd
Jurisdiction
Scotland
Judgment Date
08 August 2013
Procedural Posture
Civil / Post Judgment Ancillary Motions
Outcome
Pursuer's motions granted; defender's motions refused.
Legal Topics
Interest on Judgment Debt, Expenses (costs), Recusal of Judge, Interim Payment of Expenses, Certification of Skilled Witness, Additional Fee
Civil Procedure Debt Recovery Interest on Judgment Debt Expenses (costs) Recusal of Judge Interim Payment of Expenses Certification of Skilled Witness Additional Fee

Case Brief

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Parties

Tods Murray WS

Pursuer

Arakin Ltd

Defender

Procedural Posture

Civil / Post Judgment Ancillary Motions

Legal Issues

  1. 1 Whether pursuer is entitled to uplift consigned sum and interest
  2. 2 Whether pursuer is entitled to expenses on solicitor and client scale
  3. 3 Whether pursuer is entitled to an additional fee

Ratio Decidendi

Pursuer is entitled to uplift the consigned sum to the extent of principal and interest, expenses on solicitor and client scale, additional fee under heads (a)-(c),(e), certification of skilled witness, and interim payment of £150,000. Defender's motions are refused as misconceived and lacking merit. Judge's prior involvement was disclosed and waived; no grounds for recusal.

Court Disposition

Pursuer's motions granted; defender's motions refused.

Orders

  • Pursuer authorised to uplift consigned sum to extent of principal and interest.
  • Decree for interest of £31,437.36.