Morrison v. Whiteinch Demolition Ltd [2006] ScotCS CSOH_67 (04 May 2006)

The case did not present complexity, skill, or importance beyond the norm for personal injury actions in the Court of Session, and the pursuer's submissions were not sufficiently vouched to justify an additional fee under Rule 42.14.

Citation: [2006] ScotCS CSOH_67
Parties: Pursuer: David Fleming Morrison; Defender: Whiteinch Demolition Limited
Jurisdiction: Scotland
Judgment Date: 04 May 2006
Procedural Posture: Personal Injury Damages / Post Settlement Motion for Additional Fee and Certification of Skilled Witnesses
Outcome: Motion for additional fee refused; authority interponed to joint minute; decree of absolvitor granted; defenders found liable in expenses; skilled witnesses certified except one.
Legal Topics: Damages, Certification of Skilled Witnesses, Additional Fee, Expenses

Personal Injury Civil Procedure Damages Certification of Skilled Witnesses Additional Fee Expenses

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Parties

David Fleming Morrison

Pursuer

Whiteinch Demolition Limited

Defender

Procedural Posture

Personal Injury Damages / Post Settlement Motion for Additional Fee and Certification of Skilled Witnesses

Legal Issues

1 Whether the pursuer's solicitors are entitled to an additional fee under Rule 42.14(a), (b), and (e) of the Rules of the Court of Session 1994
2 Whether certain persons should be certified as skilled witnesses

Ratio Decidendi

Court Disposition

Motion for additional fee refused; authority interponed to joint minute; decree of absolvitor granted; defenders found liable in expenses; skilled witnesses certified except one.

Orders

Refusal of additional fee under Rule 42.14
Certification of skilled witnesses for pursuer (except one not insisted upon)