Dacre v. Aberdeenshire Council & Anor [2007] ScotSC 41 (22 August 2007)

Dacre v. Aberdeenshire Council & Anor [2007] ScotSC 41 (22 August 2007)

The first defenders are liable for the expenses of the second defenders because their pleadings and conduct induced the pursuer to convene the second defenders, and the question of the pursuer's entitlement to expenses up to the date of tender is remitted to the auditor for determination.

Citation
[2007] ScotSC 41
Parties
Pursuer: Arthur Dacre; First Defenders: Aberdeenshire Council; Second Defenders: Ennstone Thistle Limited
Jurisdiction
Scotland
Judgment Date
22 August 2007
Procedural Posture
Personal Injury / Judgment After Acceptance of Tender and Determination of Expenses
Outcome
First and second defenders assoilzied; first defenders liable for second defenders' expenses; first defenders liable to pursuer for expenses up to date of tender; first defenders entitled to expenses against pursuer thereafter; expenses remitted to auditor for taxation and report.
Legal Topics
Expenses, Liability, Tender, Joinder of Parties
Civil Procedure Personal Injury Expenses Liability Tender Joinder of Parties

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Parties

Arthur Dacre

Pursuer

Aberdeenshire Council

First Defenders

Ennstone Thistle Limited

Second Defenders

Procedural Posture

Personal Injury / Judgment After Acceptance of Tender and Determination of Expenses

Legal Issues

  1. 1 Who is liable for the expenses of the second defenders?
  2. 2 What expenses are owed to the pursuer and by whom, particularly in relation to the date of tender?

Ratio Decidendi

The first defenders are liable for the expenses of the second defenders because their pleadings and conduct induced the pursuer to convene the second defenders, and the question of the pursuer's entitlement to expenses up to the date of tender is remitted to the auditor for determination.

Court Disposition

First and second defenders assoilzied; first defenders liable for second defenders' expenses; first defenders liable to pursuer for expenses up to date of tender; first defenders entitled to expenses against pursuer thereafter; expenses remitted to auditor for taxation and report.

Orders

  • Sustains the third plea-in-law for the first defenders and the fourth plea-in-law for the second defenders and assoilzies them from the craves of the Initial Writ.
  • Finds the first defenders liable in expenses to the second defenders.