MISS ANNE TALLO AGAINST DAVID CLARK [2015] ScotSC 47 (23 June 2015)

MISS ANNE TALLO AGAINST DAVID CLARK [2015] ScotSC 47 (23 June 2015)

A defender who settles after stating a defence but before proceeding to a hearing on evidence has not 'proceeded with' the defence for the purposes of section 36B(3)(a)(ii) of the 1971 Act. Therefore, the limitation on expenses does not apply, and expenses are awarded on the summary cause scale.

Citation
[2015] ScotSC 47
Parties
Pursuer and Respondent: Miss Anne Tallo; Defender and Appellant: David Clark
Jurisdiction
Scotland
Judgment Date
23 June 2015
Procedural Posture
Appeal (small Claims) / Appeal Judgment
Outcome
Appeal refused; sheriff's interlocutor adhered to.
Legal Topics
Small Claims Procedure, Expenses, Statutory Interpretation
Civil Procedure Costs Small Claims Procedure Expenses Statutory Interpretation

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 9 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Miss Anne Tallo

Pursuer and Respondent

David Clark

Defender and Appellant

Procedural Posture

Appeal (small Claims) / Appeal Judgment

Legal Issues

  1. 1 Whether the defender, having stated a defence, 'proceeded with it' for the purposes of section 36B(3)(a)(ii) of the Sheriff Courts (Scotland) Act 1971, in the context of settlement prior to proof and the award of expenses.

Ratio Decidendi

A defender who settles after stating a defence but before proceeding to a hearing on evidence has not 'proceeded with' the defence for the purposes of section 36B(3)(a)(ii) of the 1971 Act. Therefore, the limitation on expenses does not apply, and expenses are awarded on the summary cause scale.

Court Disposition

Appeal refused; sheriff's interlocutor adhered to.

Orders

  • Appellant liable to respondent in expenses of the appeal on the summary cause scale.