McAteer v Glasgow City Council [2014] ScotCS CSOH_42 (27 February 2014)

McAteer v Glasgow City Council [2014] ScotCS CSOH_42 (27 February 2014)

It was not reasonable to raise the action in the Court of Session given the modest value of the claim, lack of complexity or novelty, and the availability of equivalent procedures in the sheriff court. Expenses were therefore modified to the sheriff court scale without certification of counsel.

Citation
[2014] ScotCS CSOH_42
Parties
Pursuer: Raymond McAteer; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
27 February 2014
Procedural Posture
Personal Injury Action / Motion for Decree and Expenses Following Settlement by Tender
Outcome
Expenses awarded to pursuer but modified to sheriff court ordinary cause scale without sanction for counsel.
Legal Topics
Modification of Expenses, Jurisdiction, Court of Session Procedure, Sheriff Court Scale, Certification of Counsel
Civil Procedure Personal Injury Modification of Expenses Jurisdiction Court of Session Procedure Sheriff Court Scale Certification of Counsel

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Parties

Raymond McAteer

Pursuer

Glasgow City Council

Defender

Procedural Posture

Personal Injury Action / Motion for Decree and Expenses Following Settlement by Tender

Legal Issues

  1. 1 Whether expenses should be modified to the Sheriff Court scale without sanction for counsel
  2. 2 Whether the action was raised prematurely
  3. 3 Whether the value and complexity of the claim justified raising the action in the Court of Session

Ratio Decidendi

It was not reasonable to raise the action in the Court of Session given the modest value of the claim, lack of complexity or novelty, and the availability of equivalent procedures in the sheriff court. Expenses were therefore modified to the sheriff court scale without certification of counsel.

Court Disposition

Expenses awarded to pursuer but modified to sheriff court ordinary cause scale without sanction for counsel.

Orders

  • Decree granted in terms of the minute of tender and acceptance for £6,500.
  • Certification of Mr I W R Anderson as a skilled witness granted.