Lord Advocate v. Jv & Ors [2006] ScotCS CSOH_50 (24 March 2006)

Lord Advocate v. Jv & Ors [2006] ScotCS CSOH_50 (24 March 2006)

It is competent for the court to award expenses on an agent and client basis following abandonment under Rule of Court 29.1(2)(a), but such an award is discretionary and only appropriate in exceptional circumstances. The conduct of the fifth defenders did not warrant such an award in this case.

Citation
[2006] ScotCS CSOH_50
Parties
Pursuer: Colin Boyd QC, The Lord Advocate; Defenders: ASAU JV and Others; Fifth Defender: Bouygues Offshore-Uie Ltd; Third Third Party: Clydeport Operations Ltd
Jurisdiction
Scotland
Judgment Date
24 March 2006
Procedural Posture
Civil / Motion for Expenses Following Abandonment of Third Party Notice
Outcome
motion refused
Legal Topics
Abandonment, Expenses, Agent and Client Basis, Party and Party Basis, Court Discretion
Civil Procedure Abandonment Expenses Agent and Client Basis Party and Party Basis Court Discretion

Case Brief

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Parties

Colin Boyd QC, The Lord Advocate

Pursuer

ASAU JV and Others

Defenders

Bouygues Offshore-Uie Ltd

Fifth Defender

Clydeport Operations Ltd

Third Third Party

Procedural Posture

Civil / Motion for Expenses Following Abandonment of Third Party Notice

Legal Issues

  1. 1 Whether the court is competent to award expenses on an agent and client basis following abandonment under Rule of Court 29.1(2)(a)
  2. 2 Whether the conduct of the fifth defenders warrants an award of expenses on an agent and client basis

Ratio Decidendi

It is competent for the court to award expenses on an agent and client basis following abandonment under Rule of Court 29.1(2)(a), but such an award is discretionary and only appropriate in exceptional circumstances. The conduct of the fifth defenders did not warrant such an award in this case.

Court Disposition

motion refused

Orders

  • Motion for expenses on an agent and client basis refused.