Boyd v Gates (UK) Ltd & Ors [2015] ScotCS CSOH_100 (24 July 2015)

Boyd v Gates (UK) Ltd & Ors [2015] ScotCS CSOH_100 (24 July 2015)

Section 12 operates only once liability has been determined or agreed; an offer of provisional damages inherently carries an admission of liability, and it is not competent for a defender to reserve the right to contest liability in a subsequent application for further damages.

Citation
[2015] ScotCS CSOH_100
Parties
Pursuer: David Boyd; First Defender: Gates (UK) Limited; Second Defender: Scottish Agricultural Industries Limited; Third Defender: National Grid Gas PLC
Jurisdiction
Scotland
Judgment Date
24 July 2015
Procedural Posture
Personal Injury Action for Damages / Post Settlement Dispute Regarding Terms of Joint Minute and Section 12 Order
Outcome
Cause continued to enable joint minute to be signed and lodged; second defenders' refusal to sign on grounds of reserving liability rejected.
Legal Topics
Provisional Damages, Admission of Liability, Section 12 Administration of Justice Act 1982, Asbestos Related Disease
Personal Injury Tort Law Statutory Interpretation Provisional Damages Admission of Liability Section 12 Administration of Justice Act 1982 Asbestos Related Disease

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Parties

David Boyd

Pursuer

Gates (UK) Limited

First Defender

Scottish Agricultural Industries Limited

Second Defender

National Grid Gas PLC

Third Defender

Procedural Posture

Personal Injury Action for Damages / Post Settlement Dispute Regarding Terms of Joint Minute and Section 12 Order

Legal Issues

  1. 1 Does an offer of provisional damages under section 12 of the Administration of Justice Act 1982 inherently carry an admission of liability?
  2. 2 Can a defender reserve the right to contest liability in a subsequent application for further damages after settling provisionally?

Ratio Decidendi

Section 12 operates only once liability has been determined or agreed; an offer of provisional damages inherently carries an admission of liability, and it is not competent for a defender to reserve the right to contest liability in a subsequent application for further damages.

Court Disposition

Cause continued to enable joint minute to be signed and lodged; second defenders' refusal to sign on grounds of reserving liability rejected.

Orders

  • Joint minute to be signed by all parties and lodged for decree to be pronounced.