McGlone v NHS Greater Glasgow Health Board [2013] ScotCS CSOH_44 (19 March 2013)

McGlone v NHS Greater Glasgow Health Board [2013] ScotCS CSOH_44 (19 March 2013)

The pursuer, having beaten the defenders' final tender, is entitled to the whole expenses of the proof. The defenders' arguments for modification or refusal of expenses based on the pursuer's conduct, partial failure on issues, or lack of valuation do not justify departure from the normal rule. The circumstances do not parallel authorities where modification was appropriate. Additional fee is awarded under head (e) but not under heads (d) or (g).

Citation
[2013] ScotCS CSOH_44
Parties
Pursuer: Helen McGlone; Defender: Greater Glasgow Health Board
Jurisdiction
Scotland
Judgment Date
19 March 2013
Procedural Posture
Personal Injury Quantum of Damages / Post Proof, Expenses and Additional Fee Determination
Outcome
Pursuer awarded whole expenses of the proof; additional fee awarded under head (e) only.
Legal Topics
Quantum of Damages, Expenses (costs), Tenders (offers to Settle), Additional Fee Applications
Personal Injury Civil Procedure Quantum of Damages Expenses (costs) Tenders (offers to Settle) Additional Fee Applications

Case Brief

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Parties

Helen McGlone

Pursuer

Greater Glasgow Health Board

Defender

Procedural Posture

Personal Injury Quantum of Damages / Post Proof, Expenses and Additional Fee Determination

Legal Issues

  1. 1 Whether the pursuer should be awarded the whole expenses of the proof after beating the defenders' tender
  2. 2 Whether the pursuer's conduct or partial failure on issues justifies modification of expenses
  3. 3 Whether an additional fee should be awarded under specific heads

Ratio Decidendi

The pursuer, having beaten the defenders' final tender, is entitled to the whole expenses of the proof. The defenders' arguments for modification or refusal of expenses based on the pursuer's conduct, partial failure on issues, or lack of valuation do not justify departure from the normal rule. The circumstances do not parallel authorities where modification was appropriate. Additional fee is awarded under head (e) but not under heads (d) or (g).

Court Disposition

Pursuer awarded whole expenses of the proof; additional fee awarded under head (e) only.

Orders

  • Pursuer awarded whole expenses of the proof.
  • Additional fee awarded under head (e) only.