CARR BERMAN CRICHTON LTD v. THOMAS JONES [2014] ScotSC 10 (11 February 2014)

CARR BERMAN CRICHTON LTD v. THOMAS JONES [2014] ScotSC 10 (11 February 2014)

A binding settlement was reached for £1800, with £800 outstanding. The defender, having stated and not proceeded with a defence, is liable for expenses on the summary cause scale. The seriousness of allegations against the pursuers' solicitor justified sanction for junior counsel.

Citation
[2014] ScotSC 10
Parties
Pursuer: Carr Berman Crichton Limited; Defender: Thomas Jones
Jurisdiction
Scotland
Judgment Date
11 February 2014
Procedural Posture
Small Claim / Summary Cause / Judgment After Settlement Dispute and Expenses Hearing
Outcome
Decree for £800 in favour of pursuers; defender found liable for expenses on the summary cause scale; sanction for junior counsel granted.
Legal Topics
Settlement, Expenses, Sanction for Counsel, Small Claims Procedure
Civil Procedure Legal Costs Settlement Expenses Sanction for Counsel Small Claims Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Carr Berman Crichton Limited

Pursuer

Thomas Jones

Defender

Procedural Posture

Small Claim / Summary Cause / Judgment After Settlement Dispute and Expenses Hearing

Legal Issues

  1. 1 Whether a binding settlement was reached and its terms
  2. 2 Whether the defender is liable for the outstanding sum
  3. 3 Appropriate scale of expenses under section 36B of the Sheriff Courts (Scotland) Act 1971

Ratio Decidendi

A binding settlement was reached for £1800, with £800 outstanding. The defender, having stated and not proceeded with a defence, is liable for expenses on the summary cause scale. The seriousness of allegations against the pursuers' solicitor justified sanction for junior counsel.

Court Disposition

Decree for £800 in favour of pursuers; defender found liable for expenses on the summary cause scale; sanction for junior counsel granted.

Orders

  • Decree for £800 against defender
  • Defender liable for expenses on summary cause scale