Matthewson v. Graham [2009] ScotSC 21 (22 June 2009)

Matthewson v. Graham [2009] ScotSC 21 (22 June 2009)

Sanction for junior counsel was refused as the case lacked sufficient complexity and value, and pursuer's agents were experienced. Mr Rickhuss was not certified as a skilled witness as he acted only as treating surgeon without necessary investigation. Mr Cameron was certified as a skilled witness due to his specialised vocational expertise and necessity for determining loss of income. Expenses for discharged proof diets were awarded to the defender due to pursuer's agents' lack of diligence and late instruction of reports.

Citation
[2009] ScotSC 21
Parties
Pursuer: Mark Mathewson; Defender: Robert Graham
Jurisdiction
Scotland
Judgment Date
22 June 2009
Procedural Posture
Personal Injury Reparation / Post Proof Hearing, Expenses and Certification Motions
Outcome
Sanction for junior counsel refused; Mr Cameron certified as skilled witness; Mr Rickhuss not certified; expenses for discharged proof diets awarded to defender.
Legal Topics
Certification of Skilled Witnesses, Sanction for Counsel, Expenses, Discharge of Proof Diets
Civil Litigation Personal Injury Certification of Skilled Witnesses Sanction for Counsel Expenses Discharge of Proof Diets

Case Brief

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Parties

Mark Mathewson

Pursuer

Robert Graham

Defender

Procedural Posture

Personal Injury Reparation / Post Proof Hearing, Expenses and Certification Motions

Legal Issues

  1. 1 Whether Mr P K Rickhuss and Mr Gordon Cameron should be certified as skilled witnesses
  2. 2 Whether sanction for junior counsel should be granted
  3. 3 Allocation of expenses for discharged proof diets

Ratio Decidendi

Sanction for junior counsel was refused as the case lacked sufficient complexity and value, and pursuer's agents were experienced. Mr Rickhuss was not certified as a skilled witness as he acted only as treating surgeon without necessary investigation. Mr Cameron was certified as a skilled witness due to his specialised vocational expertise and necessity for determining loss of income. Expenses for discharged proof diets were awarded to the defender due to pursuer's agents' lack of diligence and late instruction of reports.

Court Disposition

Sanction for junior counsel refused; Mr Cameron certified as skilled witness; Mr Rickhuss not certified; expenses for discharged proof diets awarded to defender.

Orders

  • Mr Gordon Cameron certified as skilled witness
  • Sanction for junior counsel refused