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 while the protocol is voluntary and cannot be enforced, the pursuer was entitled to raise the action in the absence of agreement to negotiate under the protocol. However, the pursuer's agents should have provided the medical report to the defenders prior to raising proceedings. A modification of 15% to expenses was made to reflect this omission, awarding expenses on the summary cause scale without sanction for counsel.

Citation
[2014] ScotCS 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 Expenses
Outcome
Expenses awarded to pursuer on summary cause scale without sanction for counsel, modified by 15%.
Legal Topics
Pre Action Protocols, Award of Expenses, Summary Cause Scale
Civil Procedure Personal Injury Pre Action Protocols Award of Expenses Summary Cause Scale

Case Brief

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Parties

Ross Brown

Pursuer

Sabre Insurance Company Limited

Defender

Procedural Posture

Personal Injury Claim / Post Settlement Motion for Expenses

Legal Issues

  1. 1 Whether expenses should be awarded on the protocol scale, chapter 10 scale, or summary cause scale
  2. 2 Whether the defender's refusal to engage in the voluntary protocol affects the award of expenses
  3. 3 Whether the pursuer's failure to provide a medical report prior to raising proceedings justifies modification of expenses

Ratio Decidendi

The court held that while the protocol is voluntary and cannot be enforced, the pursuer was entitled to raise the action in the absence of agreement to negotiate under the protocol. However, the pursuer's agents should have provided the medical report to the defenders prior to raising proceedings. A modification of 15% to expenses was made to reflect this omission, awarding expenses on the summary cause scale without sanction for counsel.

Court Disposition

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

Orders

  • Award of expenses to pursuer on summary cause scale without sanction for counsel, modified by 15%