SCOTT ALEXANDER McDOUGALL v. ALAN KEMP TAWSE [2001] ScotSC 17 (14th September, 2001)

SCOTT ALEXANDER McDOUGALL v. ALAN KEMP TAWSE [2001] ScotSC 17 (14th September, 2001)

There is no absolute requirement that counsel must appear before the court can sanction their employment; the complexity of the legal issues in this case justifies the employment of junior counsel.

Citation
[2001] ScotSC 17
Parties
Pursuer: Scott Alexander McDougall; First Defender: Alan Kemp Tawse; Second Defender: Ian George Campbell Cruickshank; Second Defender: Ishbel Constance Garden; Second Defender: Alastair Robertson
Jurisdiction
Scotland
Procedural Posture
Civil / Interlocutory Motion to Certify Proof as Suitable for Employment of Junior Counsel
Outcome
motion granted
Legal Topics
Certification of Counsel, Occupiers' Liability, Complexity of Proof
Civil Procedure Personal Injury Certification of Counsel Occupiers' Liability Complexity of Proof

Case Brief

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Parties

Scott Alexander McDougall

Pursuer

Alan Kemp Tawse

First Defender

Ian George Campbell Cruickshank

Second Defender

Ishbel Constance Garden

Second Defender

Alastair Robertson

Second Defender

Procedural Posture

Civil / Interlocutory Motion to Certify Proof as Suitable for Employment of Junior Counsel

Legal Issues

  1. 1 Whether the court can sanction the employment of junior counsel where counsel has not appeared at proof
  2. 2 Whether the case merits the employment of junior counsel based on complexity

Ratio Decidendi

There is no absolute requirement that counsel must appear before the court can sanction their employment; the complexity of the legal issues in this case justifies the employment of junior counsel.

Court Disposition

motion granted

Orders

  • Proof certified as suitable for the employment of junior counsel.