Lafferty v. Watson, Gow, & Co., Ltd [1903] ScotLR 40_622_1 (03 June 1903)

Lafferty v. Watson, Gow, & Co., Ltd [1903] ScotLR 40_622_1 (03 June 1903)

The majority held that, since the case and the amount awarded were suitable for the Sheriff Court, expenses should be awarded to the pursuer but subject to modification. The modification is justified to discourage bringing cases to a more expensive forum when a less expensive one is appropriate, following recent precedent.

Citation
[1903] ScotLR 40_622_1
Parties
Pursuer/appellant: Daniel Lafferty junior (with consent of Daniel Lafferty senior); Defender/respondent: Watson, Gow, & Company, Limited
Jurisdiction
Scotland
Judgment Date
03 June 1903
Procedural Posture
Personal Injury Damages Under Employers Liability Act 1880 / Appeal for Jury Trial and Motion for Expenses
Outcome
Pursuer entitled to expenses, but subject to modification.
Legal Topics
Personal Injury, Employers' Liability, Damages, Expenses, Jury Trial, Modification of Expenses
Tort Law Labour Law Civil Procedure Personal Injury Employers' Liability Damages Expenses Jury Trial +1 more

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Parties

Daniel Lafferty junior (with consent of Daniel Lafferty senior)

Pursuer/appellant

Watson, Gow, & Company, Limited

Defender/respondent

Procedural Posture

Personal Injury Damages Under Employers Liability Act 1880 / Appeal for Jury Trial and Motion for Expenses

Legal Issues

  1. 1 Whether the pursuer is entitled to full or modified expenses after a jury award of damages lower than the sum sued for and whether the case ought to have been tried in the Sheriff Court rather than the Court of Session.

Ratio Decidendi

The majority held that, since the case and the amount awarded were suitable for the Sheriff Court, expenses should be awarded to the pursuer but subject to modification. The modification is justified to discourage bringing cases to a more expensive forum when a less expensive one is appropriate, following recent precedent.

Court Disposition

Pursuer entitled to expenses, but subject to modification.

Orders

  • Apply the verdict.
  • Decern against the defenders for payment of thirty pounds sterling.