Lamont v Fallon [2004] ScotCS 177 (13 July 2004)

Lamont v Fallon [2004] ScotCS 177 (13 July 2004)

Certification of a skilled witness was not necessary or justified in these cases as the services claims were straightforward, evidence from the pursuers and their daughter sufficed, and expert opinion did not add value; the motion for certification was refused.

Citation
[2004] ScotCS 177
Parties
Pursuer: Eamonn Fallon; Pursuer: Christine Ann Fallon; Defender: Denise Lamont qua next of kin of the late Andrew Lamont
Jurisdiction
Scotland
Judgment Date
13 July 2004
Procedural Posture
Personal Injury / Motion for Certification of Skilled Witness
Outcome
motion refused
Legal Topics
Certification of Skilled Witnesses, Services Claims, Expenses in Litigation
Personal Injury Civil Procedure Certification of Skilled Witnesses Services Claims Expenses in Litigation

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Parties

Eamonn Fallon

Pursuer

Christine Ann Fallon

Pursuer

Denise Lamont qua next of kin of the late Andrew Lamont

Defender

Procedural Posture

Personal Injury / Motion for Certification of Skilled Witness

Legal Issues

  1. 1 Whether certification of a skilled witness for assessment of care needs under Section 8 Administration of Justice Act 1982 is necessary and justified

Ratio Decidendi

Certification of a skilled witness was not necessary or justified in these cases as the services claims were straightforward, evidence from the pursuers and their daughter sufficed, and expert opinion did not add value; the motion for certification was refused.

Court Disposition

motion refused

Orders

  • Motion for certification of Ailish McCarron as skilled witness refused.