Cameron v Kvaerner Govan Ltd [1998] ScotCS 111 (23 December 1998)

Cameron v Kvaerner Govan Ltd [1998] ScotCS 111 (23 December 1998)

A pursuer's minute of offer to settle may be received as part of process even in the absence of a specific rule, as it serves to clarify positions and may affect expenses; the pursuer is entitled to an additional fee for steps taken to promote settlement.

Citation
[1998] ScotCS 111
Parties
Pursuer: Stuart Cameron; Defenders: Kvaerner Govan Limited
Jurisdiction
Scotland
Judgment Date
23 December 1998
Procedural Posture
Reparation Action / Motion Hearing on Procedural Matters and Expenses
Outcome
Pursuer's motion granted; minute of offer to settle received into process; pursuer awarded additional fee.
Legal Topics
Settlement Offers, Expenses, Court Procedure
Civil Procedure Personal Injury Settlement Offers Expenses Court Procedure

Case Brief

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Parties

Stuart Cameron

Pursuer

Kvaerner Govan Limited

Defenders

Procedural Posture

Reparation Action / Motion Hearing on Procedural Matters and Expenses

Legal Issues

  1. 1 Whether a pursuer's minute of offer to settle can be lodged as part of process in the absence of a specific rule
  2. 2 Whether such a minute affects the award of expenses

Ratio Decidendi

A pursuer's minute of offer to settle may be received as part of process even in the absence of a specific rule, as it serves to clarify positions and may affect expenses; the pursuer is entitled to an additional fee for steps taken to promote settlement.

Court Disposition

Pursuer's motion granted; minute of offer to settle received into process; pursuer awarded additional fee.

Orders

  • Minute of offer to settle received into process
  • Pursuer awarded additional fee under Rule of Court 42.14(2)(g)