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
Case Brief
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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
Legal Issues
- 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.
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