Martin v. Had-Fab Ltd [2004] ScotCS 36 (21 January 2004)

Martin v. Had-Fab Ltd [2004] ScotCS 36 (21 January 2004)

The court cannot rewrite the terms of a judicial tender regarding expenses after acceptance; the defenders are bound by their offer to pay expenses to the date of the new tender, and the pursuer is entitled to decree and expenses as specified.

Citation
[2004] ScotCS 36
Parties
Pursuer: James Edward Martin; Defender: Had-Fab Limited
Jurisdiction
Scotland
Judgment Date
21 January 2004
Procedural Posture
Personal Injury Damages Action / Settlement Following Proof, Motion for Decree and Expenses
Outcome
Decree granted for the sum in the Minute of Tender; defenders found liable to the pursuer in expenses to the date of the new tender.
Legal Topics
Judicial Tender, Expenses, Settlement, Social Security (recovery of Benefits) Act 1997
Civil Procedure Personal Injury Judicial Tender Expenses Settlement Social Security (recovery of Benefits) Act 1997

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Parties

James Edward Martin

Pursuer

Had-Fab Limited

Defender

Procedural Posture

Personal Injury Damages Action / Settlement Following Proof, Motion for Decree and Expenses

Legal Issues

  1. 1 Whether the court should award expenses to the pursuer to the date of the new tender despite a previous tender at the same gross value
  2. 2 Whether the court can alter the terms of a judicial tender regarding expenses after acceptance

Ratio Decidendi

The court cannot rewrite the terms of a judicial tender regarding expenses after acceptance; the defenders are bound by their offer to pay expenses to the date of the new tender, and the pursuer is entitled to decree and expenses as specified.

Court Disposition

Decree granted for the sum in the Minute of Tender; defenders found liable to the pursuer in expenses to the date of the new tender.

Orders

  • Decree for £8,513.74 in favour of the pursuer
  • Defenders to pay pursuer's expenses of process to the date of the Minute of Tender