DOW AGAINST M&D CROLLA Ltd [2016] ScotSC 21 (18 March 2016)

DOW AGAINST M&D CROLLA Ltd [2016] ScotSC 21 (18 March 2016)

Given the complexity of assessing loss of employability and the significant importance and value of the claim to the pursuer, it was reasonable and necessary to sanction the employment of counsel for the consultation under section 108 of the 2014 Act.

Citation
[2016] ScotSC 21
Parties
Pursuer: Sarah Dow; Defender: M & D Crolla Limited
Jurisdiction
Scotland
Judgment Date
18 March 2016
Procedural Posture
Personal Injury Action / Motion for Sanction for Employment of Counsel
Outcome
Sanction for the employment of counsel granted for the consultation and for the opposed motion.
Legal Topics
Sanction for Counsel, Loss of Employability, Damages Assessment, Sheriff Court Procedure

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Parties

Sarah Dow

Pursuer

M & D Crolla Limited

Defender

Procedural Posture

Personal Injury Action / Motion for Sanction for Employment of Counsel

  1. 1 Whether the proceedings merited the employment of counsel for a consultation under section 108 of the Courts Reform (Scotland) Act 2014

Ratio Decidendi

Given the complexity of assessing loss of employability and the significant importance and value of the claim to the pursuer, it was reasonable and necessary to sanction the employment of counsel for the consultation under section 108 of the 2014 Act.

Court Disposition

Sanction for the employment of counsel granted for the consultation and for the opposed motion.

Orders

  • Sanction for employment of counsel for the consultation in January 2016 granted.
  • Sanction for employment of counsel for the opposed motion granted.