KOSNO AGAINST ROBERTSON [2021] ScotCS CSOH_79 (04 July 2021)

KOSNO AGAINST ROBERTSON [2021] ScotCS CSOH_79 (04 July 2021)

The court held that it had no power under Rule 2.1 or otherwise to recall the interlocutor awarding interim damages, as the Rules of Court provide only for review by reclaiming motion within a prescribed time, and no express power exists to recall such an interlocutor. Rule 2.1 cannot be used to circumvent the procedural framework established by the Rules.

Citation
[2021] ScotCS CSOH_79
Parties
Pursuer: Wojciech Kosno; Defender: Dean Robertson
Jurisdiction
Scotland
Judgment Date
04 July 2021
Procedural Posture
Personal Injury Action / Motion to Recall Interlocutor Awarding Interim Damages
Outcome
Defender's motion refused
Legal Topics
Interim Damages, Recall of Interlocutor, Court of Session Rules, Procedural Compliance
Civil Procedure Personal Injury Interim Damages Recall of Interlocutor Court of Session Rules Procedural Compliance

Case Brief

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Parties

Wojciech Kosno

Pursuer

Dean Robertson

Defender

Procedural Posture

Personal Injury Action / Motion to Recall Interlocutor Awarding Interim Damages

Legal Issues

  1. 1 Whether the court has power to recall an interlocutor awarding interim damages under Rule 2.1 of the Rules of Court
  2. 2 Whether the defender's failure to intimate opposition to the motion for interim damages can be excused
  3. 3 Whether the interlocutor awarding interim damages is final or interim for procedural purposes

Ratio Decidendi

The court held that it had no power under Rule 2.1 or otherwise to recall the interlocutor awarding interim damages, as the Rules of Court provide only for review by reclaiming motion within a prescribed time, and no express power exists to recall such an interlocutor. Rule 2.1 cannot be used to circumvent the procedural framework established by the Rules.

Court Disposition

Defender's motion refused

Orders

  • Motion to recall the interlocutor of 21 June 2021 refused
  • Motion seeking leave to reclaim the interlocutor dropped