Jillian Lawrie against Raja Bros Fife LTD (All-Scotland Sheriff Personal Injury Court) [2024] SCEDIN 51 (14 November 2024)
The motion for certification of a skilled person and sanction for counsel is competent if made before the Auditor issues the statement of taxed expenses; since this had not occurred, the pursuer's motion was granted.
- Citation
- [2024] SCEDIN 51
- Parties
- Pursuer: Jillian Lawrie; Defender: Raja Bros Fife Limited
- Jurisdiction
- Scotland
- Judgment Date
- 14 November 2024
- Procedural Posture
- Personal Injury / Procedural Hearing on Motion for Certification of Skilled Person and Sanction for Counsel
- Outcome
- motion granted
- Legal Topics
- Certification of Skilled Person, Sanction for Counsel, Taxation of Expenses
Case Brief
Summary, issues, holding and outcome
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Parties
Jillian Lawrie
Pursuer
Raja Bros Fife Limited
Defender
Procedural Posture
Personal Injury / Procedural Hearing on Motion for Certification of Skilled Person and Sanction for Counsel
Legal Issues
- 1 Competency and timing of motion for certification of skilled person and sanction for counsel prior to taxation of expenses
Ratio Decidendi
The motion for certification of a skilled person and sanction for counsel is competent if made before the Auditor issues the statement of taxed expenses; since this had not occurred, the pursuer's motion was granted.
Court Disposition
motion granted
Orders
- Certification of Margaret McQueen, Consultant Orthopaedic Surgeon, as skilled person.
- Sanction for employment of junior counsel for drafting Initial Writ.
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