Soccer Savings (Scotland) Act Ltd v Scottish Building Society [2013] ScotCS CSOH_90 (08 May 2013)

Soccer Savings (Scotland) Act Ltd v Scottish Building Society [2013] ScotCS CSOH_90 (08 May 2013)

The defenders were awarded expenses of the principal action because they succeeded on the merits, and the evidence for unsuccessful defences overlapped with the successful defence. The defenders were entitled to an additional fee due to the complexity, difficulty, and importance of the litigation. The pursuers were awarded expenses of the counterclaim.

Citation
[2013] ScotCS CSOH_90
Parties
Pursuer: Soccer Savings (Scotland) Limited; Defender: Scottish Building Society
Jurisdiction
Scotland
Judgment Date
08 May 2013
Procedural Posture
Civil / Post Trial, Expenses Determination
Outcome
Defenders awarded expenses of the principal action and an additional fee; pursuers awarded expenses of the counterclaim.
Legal Topics
Breach of Contract, Data Protection Obligations, Expenses (costs), Misrepresentation, Additional Fee Under Rule of Court 42.14
Contract Law Data Protection Breach of Contract Data Protection Obligations Expenses (costs) Misrepresentation Additional Fee Under Rule of Court 42.14

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Parties

Soccer Savings (Scotland) Limited

Pursuer

Scottish Building Society

Defender

Procedural Posture

Civil / Post Trial, Expenses Determination

Legal Issues

  1. 1 Whether the defenders are entitled to expenses of the principal action despite only succeeding on one ground
  2. 2 Whether the defenders are entitled to an additional fee under Rule of Court 42.14(3)
  3. 3 Whether expenses should be apportioned due to multiple unsuccessful defences

Ratio Decidendi

The defenders were awarded expenses of the principal action because they succeeded on the merits, and the evidence for unsuccessful defences overlapped with the successful defence. The defenders were entitled to an additional fee due to the complexity, difficulty, and importance of the litigation. The pursuers were awarded expenses of the counterclaim.

Court Disposition

Defenders awarded expenses of the principal action and an additional fee; pursuers awarded expenses of the counterclaim.

Orders

  • Pursuers liable to defenders in expenses of the principal action.
  • Defenders entitled to charge an additional fee under Rule of Court 42.14(3) (factors a, b, e).