Brown v Sabre Insurance Company Ltd [2014] ScotCS CSOH_51 (25 April 2013)

Brown v Sabre Insurance Company Ltd [2014] ScotCS CSOH_51 (25 April 2013)

The court held that since the protocol is voluntary, the defenders could refuse to participate, but could not expect the pursuer to be bound by its terms. The pursuer was entitled to raise proceedings in the absence of agreement to negotiate under the protocol. However, the pursuer's agents should have provided the medical report before raising the action. Therefore, expenses were awarded on the summary cause scale without sanction for counsel, but modified by 15% to reflect the failure to provide the medical report pre-litigation.

Citation
[2013] CSOH 51
Parties
Pursuer: Ross Brown; Defender: Sabre Insurance Company Limited
Jurisdiction
Scotland
Judgment Date
25 April 2013
Procedural Posture
Personal Injury Claim / Post Settlement Motion for Decree and Expenses
Outcome
Expenses awarded to pursuer on summary cause scale without sanction for counsel, modified by 15%.
Legal Topics
Pre Action Protocols, Expenses, Summary Cause Procedure, Voluntary Protocols, Legal Fees
Civil Procedure Personal Injury Pre Action Protocols Expenses Summary Cause Procedure Voluntary Protocols Legal Fees

Case Brief

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Parties

Ross Brown

Pursuer

Sabre Insurance Company Limited

Defender

Procedural Posture

Personal Injury Claim / Post Settlement Motion for Decree and Expenses

Legal Issues

  1. 1 Whether expenses should be awarded on the summary cause scale, protocol scale, or nil due to alleged premature litigation
  2. 2 Whether the defender's refusal to engage in the voluntary pre-action protocol affects the award of expenses

Ratio Decidendi

The court held that since the protocol is voluntary, the defenders could refuse to participate, but could not expect the pursuer to be bound by its terms. The pursuer was entitled to raise proceedings in the absence of agreement to negotiate under the protocol. However, the pursuer's agents should have provided the medical report before raising the action. Therefore, expenses were awarded on the summary cause scale without sanction for counsel, but modified by 15% to reflect the failure to provide the medical report pre-litigation.

Court Disposition

Expenses awarded to pursuer on summary cause scale without sanction for counsel, modified by 15%.

Orders

  • Decree granted for settlement amount (£3,500)
  • Expenses awarded on summary cause scale without sanction for counsel, modified by 15%