Pagan (AP) v Miller Group Ltd [2001] ScotCS 254 (8 November 2001)

It was reasonable for the pursuer to take overnight to consider the revised tender before accepting, given the significance of the decision and the late stage at which the tender was made.

Citation: [2001] ScotCS 254
Parties: Pursuer: David Pagan (AP); Defenders: The Miller Group Limited
Jurisdiction: Scotland
Judgment Date: 08 November 2001
Procedural Posture: Personal Injury Action / Post Proof, Determination of Expenses Following Acceptance of Tender
Outcome: Decree granted in terms of the Minute of Tender and Acceptance; expenses awarded to the pursuer up to the date of the tender, thereafter to the defenders.
Legal Topics: Quantum of Damages, Acceptance of Tender, Award of Expenses

Personal Injury Civil Procedure Quantum of Damages Acceptance of Tender Award of Expenses

Case Brief

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Parties

David Pagan (AP)

Pursuer

The Miller Group Limited

Defenders

Procedural Posture

Personal Injury Action / Post Proof, Determination of Expenses Following Acceptance of Tender

Legal Issues

1 When should a pursuer reasonably accept a tender for the purposes of awarding expenses?
2 Is it reasonable for a pursuer to take time to consider a late tender before acceptance?

Ratio Decidendi

It was reasonable for the pursuer to take overnight to consider the revised tender before accepting, given the significance of the decision and the late stage at which the tender was made.

Court Disposition

Decree granted in terms of the Minute of Tender and Acceptance; expenses awarded to the pursuer up to the date of the tender, thereafter to the defenders.

Orders

Decree for payment of £275,000 to the pursuer.
Expenses to the pursuer up to the date of the tender; expenses to the defenders thereafter.