NORNA FORSYTH CRABBE v. ALEXANDER CHARLES REID & Ors [2014] ScotSC 57 (20 March 2014)

NORNA FORSYTH CRABBE v. ALEXANDER CHARLES REID & Ors [2014] ScotSC 57 (20 March 2014)

The court held that Rule 2(3)(a) and (b) are not mutually exclusive and allow for sanction in relation to both appearance at hearings and preparation of documents. The absence of a reference to sanctioning the whole cause does not prevent granting sanction for specified hearings and related documents. The motion was not incompetent or out of time.

Citation
[2014] ScotSC 57
Parties
Pursuer: Norna Forsyth Crabbe; Defenders: Alexander Charles Reid & Others
Jurisdiction
Scotland
Judgment Date
20 March 2014
Procedural Posture
Civil / Post Appeal Motion for Sanction of Counsel's Fees
Outcome
Motion for sanction substantially granted; pursuer found liable in expenses occasioned by the motion.
Legal Topics
Sanction for Employment of Counsel, Expenses, Appeals
Civil Procedure Sanction for Employment of Counsel Expenses Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Norna Forsyth Crabbe

Pursuer

Alexander Charles Reid & Others

Defenders

Procedural Posture

Civil / Post Appeal Motion for Sanction of Counsel's Fees

Legal Issues

  1. 1 Whether sanction for the employment of junior counsel should be granted for specified hearings and document preparation
  2. 2 Whether the motion for sanction was incompetent or ultra vires due to timing or scope

Ratio Decidendi

The court held that Rule 2(3)(a) and (b) are not mutually exclusive and allow for sanction in relation to both appearance at hearings and preparation of documents. The absence of a reference to sanctioning the whole cause does not prevent granting sanction for specified hearings and related documents. The motion was not incompetent or out of time.

Court Disposition

Motion for sanction substantially granted; pursuer found liable in expenses occasioned by the motion.

Orders

  • Sanction for the employment of junior counsel granted for specified hearings and document preparation.
  • Pursuer found liable to defenders in expenses occasioned by the motion.