Singh v Napier [2013] ScotCS CSIH_5 (05 February 2013)

The Court of Session cannot reconsider its final judgment due to statutory finality; authority to appeal to the Supreme Court cannot be granted by the Court, as certification is governed by Supreme Court rules; respondent is entitled to expenses as the successful party.

Citation: [2013] ScotCS CSIH_5
Parties: Pursuer and Appellant: Dr Prim Singh; Defender and Respondent: Brian Napier QC
Jurisdiction: Scotland
Judgment Date: 05 February 2013
Procedural Posture: Civil Appeal / Post Judgment Motions
Outcome: motions refused for reconsideration and authority to appeal; motion for expenses granted
Legal Topics: Appeal Procedure, Finality of Judgments, Certification for Supreme Court Appeal, Expenses of Process

Civil Procedure Employment Law Discrimination Law Appeal Procedure Finality of Judgments Certification for Supreme Court Appeal Expenses of Process

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Parties

Dr Prim Singh

Pursuer and Appellant

Brian Napier QC

Defender and Respondent

Procedural Posture

Civil Appeal / Post Judgment Motions

Legal Issues

1 whether the Court of Session can reconsider its final judgment
2 whether the appellant can be granted authority to appeal to the Supreme Court
3 entitlement to expenses

Ratio Decidendi

Court Disposition

motions refused for reconsideration and authority to appeal; motion for expenses granted

Orders

respondent awarded expenses of process except as already dealt with