Note: Andrew Harkin against Annette McNeil (National Personal Injury Court) [2025] SCEDIN 84 (06 November 2025)

Note: Andrew Harkin against Annette McNeil (National Personal Injury Court) [2025] SCEDIN 84 (06 November 2025)

There is no sufficient reason to depart from the ordinary process of taxation and enforcement of expenses, as the delay in taxation is not unique to this case, the pursuer himself is not prejudiced, and no case-specific factors justify an interim award. The court's discretion is not engaged on the facts presented.

Citation
[2025] SCEDIN 84
Parties
Pursuer: Andrew Harkin; Defender: Annette McNeil
Jurisdiction
Scotland
Judgment Date
06 November 2025
Procedural Posture
Personal Injury / Post Settlement, Motion for Interim Payment of Expenses
Outcome
Motion refused
Legal Topics
Interim Payment of Expenses, Taxation of Expenses, Sheriff Court Discretion, Personal Injury Litigation Funding
Civil Procedure Personal Injury Interim Payment of Expenses Taxation of Expenses Sheriff Court Discretion Personal Injury Litigation Funding

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 2 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Andrew Harkin

Pursuer

Annette McNeil

Defender

Procedural Posture

Personal Injury / Post Settlement, Motion for Interim Payment of Expenses

Legal Issues

  1. 1 Is the pursuer entitled to an interim payment of expenses prior to taxation in the Sheriff Court?
  2. 2 Does delay in taxation constitute sufficient reason for an interim award of expenses?

Ratio Decidendi

There is no sufficient reason to depart from the ordinary process of taxation and enforcement of expenses, as the delay in taxation is not unique to this case, the pursuer himself is not prejudiced, and no case-specific factors justify an interim award. The court's discretion is not engaged on the facts presented.

Court Disposition

Motion refused

Orders

  • Pursuer's motion for interim payment of £30,000 refused