ECCLESIASTICAL INSURANCE OFFICE PLC AGAINST LADY IAM HAZEL VIRGINIA WHITEHOUSE-GRANT-CHRIST [2018] ScotCS CSIH_19 (23 March 2018)

ECCLESIASTICAL INSURANCE OFFICE PLC AGAINST LADY IAM HAZEL VIRGINIA WHITEHOUSE-GRANT-CHRIST [2018] ScotCS CSIH_19 (23 March 2018)

Given the abandonment of the principal action and the overlap of issues with the ongoing counterclaim, the court exercised its discretion to grant dismissal (not absolvitor) of the principal action, with a nuanced allocation of expenses reflecting divided success and the continuing nature of the counterclaim. Only amendments previously authorised were permitted; further amendments were refused at this stage. The court ordered a reprinted record of the counterclaim pleadings and reserved further procedural decisions until that was provided.

Citation
[2018] ScotCS CSIH_19
Parties
Pursuer and Respondent: Ecclesiastical Insurance Office PLC; Defender and Reclaimer: Lady Iam Hazel Virginia Whitehouse-Grant-Christ
Jurisdiction
Scotland
Judgment Date
23 March 2018
Procedural Posture
Civil Insurance/contract / Inner House Appeal and Procedural Rulings Following Abandonment of Principal Action and Continuation of Counterclaim
Outcome
Principal action dismissed; counterclaim to proceed; expenses allocated as specified; further procedure continued pending reprinted record.
Legal Topics
Repudiation of Insurance Claim, Non Disclosure, Prescription and Limitation, Counterclaim Procedure, Expenses (costs), Abandonment of Action, Conflict of Interest, Damages for Breach of Contract, Defamation, Harassment, Malicious Prosecution
Insurance Law Contract Law Civil Procedure Repudiation of Insurance Claim Non Disclosure Prescription and Limitation Counterclaim Procedure Expenses (costs) +6 more

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Parties

Ecclesiastical Insurance Office PLC

Pursuer and Respondent

Lady Iam Hazel Virginia Whitehouse-Grant-Christ

Defender and Reclaimer

Procedural Posture

Civil Insurance/contract / Inner House Appeal and Procedural Rulings Following Abandonment of Principal Action and Continuation of Counterclaim

Legal Issues

  1. 1 Whether the principal action should be dismissed or absolvitor granted following abandonment by the pursuers
  2. 2 Allocation of expenses in light of divided success and ongoing counterclaim
  3. 3 Procedural management of pleadings and amendments in the counterclaim

Ratio Decidendi

Given the abandonment of the principal action and the overlap of issues with the ongoing counterclaim, the court exercised its discretion to grant dismissal (not absolvitor) of the principal action, with a nuanced allocation of expenses reflecting divided success and the continuing nature of the counterclaim. Only amendments previously authorised were permitted; further amendments were refused at this stage. The court ordered a reprinted record of the counterclaim pleadings and reserved further procedural decisions until that was provided.

Court Disposition

Principal action dismissed; counterclaim to proceed; expenses allocated as specified; further procedure continued pending reprinted record.

Orders

  • Decree of dismissal in the principal action granted.
  • No expenses due to or by either party for three main hearings (debate before Lord Boyd, Inner House prescription hearing, conflict of interest hearing).