McGregor v Alpha Airports Group Plc [2010] ScotCS CSOH_51 (08 April 2010)

McGregor v Alpha Airports Group Plc [2010] ScotCS CSOH_51 (08 April 2010)

The pursuer, as a first-time party litigant with no legal knowledge and significant medical difficulties, should not be found liable for the expenses of the discharge of the proof. However, given his impecuniosity and the complete lack of merit in his case as presently pled or as proposed to be amended, it is appropriate to order him to lodge caution for expenses in the sum of £1,000 within three months as a condition precedent to further procedure.

Citation
[2010] ScotCS CSOH_51
Parties
Pursuer: Raymond Allan Sinclair McGregor; Defenders: Alpha Airports Group Plc
Jurisdiction
Scotland
Judgment Date
08 April 2010
Procedural Posture
Personal Injury Action / Interlocutory Motion for Expenses of Discharged Proof and for Caution for Expenses
Outcome
No expenses due to or by either party for the discharge of the proof; pursuer ordered to lodge caution for expenses of £1,000 within three months as a condition precedent to further procedure.
Legal Topics
Manual Handling Operations Regulations 1992, Expenses (costs), Caution for Expenses, Limitation of Actions, Access to Justice
Civil Procedure Personal Injury Manual Handling Operations Regulations 1992 Expenses (costs) Caution for Expenses Limitation of Actions Access to Justice

Case Brief

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Parties

Raymond Allan Sinclair McGregor

Pursuer

Alpha Airports Group Plc

Defenders

Procedural Posture

Personal Injury Action / Interlocutory Motion for Expenses of Discharged Proof and for Caution for Expenses

Legal Issues

  1. 1 Whether the pursuer should be found liable for the expenses of the discharge of the proof
  2. 2 Whether the pursuer should be ordered to find caution for expenses as a condition precedent to further procedure

Ratio Decidendi

The pursuer, as a first-time party litigant with no legal knowledge and significant medical difficulties, should not be found liable for the expenses of the discharge of the proof. However, given his impecuniosity and the complete lack of merit in his case as presently pled or as proposed to be amended, it is appropriate to order him to lodge caution for expenses in the sum of £1,000 within three months as a condition precedent to further procedure.

Court Disposition

No expenses due to or by either party for the discharge of the proof; pursuer ordered to lodge caution for expenses of £1,000 within three months as a condition precedent to further procedure.

Orders

  • No expenses due to or by either party in relation to the discharge of the proof.
  • Pursuer to lodge caution for expenses in the sum of £1,000 within three months.