ALLAN J. WRIGHT AGAINST LADY JONET HUNTER-BLAIR [2015] ScotSC 25 (20 March 2015)

ALLAN J. WRIGHT AGAINST LADY JONET HUNTER-BLAIR [2015] ScotSC 25 (20 March 2015)

The reference to 'diet of taxation' in the 1992 Act of Sederunt includes the process of fixing expenses in summary cause assessment, so the latest date for moving for certification of a skilled witness is at the diet for approval of expenses. The pursuer is liable for the defender's expenses occasioned by the late motion.

Citation
[2015] ScotSC 25
Parties
Pursuer: Allan J Wright; Defender: Lady Jonet Hunter-Blair
Jurisdiction
Scotland
Judgment Date
20 March 2015
Procedural Posture
Summary Cause / Motion for Certification of Skilled Witness and Assessment of Expenses
Outcome
Certification of Richard Howe as a skilled person granted; pursuer found liable to defender in expenses from 25 July 2014 to date.
Legal Topics
Certification of Skilled Witness, Assessment of Expenses, Summary Cause Procedure
Civil Procedure Certification of Skilled Witness Assessment of Expenses Summary Cause Procedure

Case Brief

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Parties

Allan J Wright

Pursuer

Lady Jonet Hunter-Blair

Defender

Procedural Posture

Summary Cause / Motion for Certification of Skilled Witness and Assessment of Expenses

Legal Issues

  1. 1 Whether a motion for certification of a skilled witness in summary cause procedure may be made at the diet for approval of expenses or must be made earlier

Ratio Decidendi

The reference to 'diet of taxation' in the 1992 Act of Sederunt includes the process of fixing expenses in summary cause assessment, so the latest date for moving for certification of a skilled witness is at the diet for approval of expenses. The pursuer is liable for the defender's expenses occasioned by the late motion.

Court Disposition

Certification of Richard Howe as a skilled person granted; pursuer found liable to defender in expenses from 25 July 2014 to date.

Orders

  • Richard Howe certified as a skilled person under the 1992 Act of Sederunt.
  • Pursuer liable to defender in expenses from 25 July 2014 to date.