Dacre v. Aberdeenshire Council & anor [2007] ScotSC 42 (22 August 2007)

Dacre v. Aberdeenshire Council & anor [2007] ScotSC 42 (22 August 2007)

The first defenders are liable for the expenses of the second defenders because their pleadings and conduct induced the pursuer to maintain the action against the second defenders. The determination of the date by which the tender should have been accepted is remitted to the auditor, as per standard practice and authority.

Citation
[2007] ScotSC 42
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 on Liability and Expenses
Outcome
First and second defenders assoilzied from the craves of the Initial Writ. First defenders liable for expenses to the second defenders. First defenders liable to the pursuer in expenses up to the date of tender; entitled to expenses against the pursuer thereafter. Account of expenses to be given in and remitted to...
Legal Topics
Expenses, Liability, Tender, Apportionment of Costs
Civil Procedure Personal Injury Expenses Liability Tender Apportionment of Costs

Case Brief

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Parties

Arthur Dacre

Pursuer

Aberdeenshire Council

First Defenders

Ennstone Thistle Limited

Second Defenders

Procedural Posture

Personal Injury / Judgment on Liability and Expenses

Legal Issues

  1. 1 Whether the first defenders should be liable for the expenses of the second defenders
  2. 2 Whether the pursuer is entitled to expenses up to the date of tender and liable thereafter

Ratio Decidendi

The first defenders are liable for the expenses of the second defenders because their pleadings and conduct induced the pursuer to maintain the action against the second defenders. The determination of the date by which the tender should have been accepted is remitted to the auditor, as per standard practice and authority.

Court Disposition

First and second defenders assoilzied from the craves of the Initial Writ. First defenders liable for expenses to the second defenders. First defenders liable to the pursuer in expenses up to the date of tender; entitled to expenses against the pursuer thereafter. Account of expenses to be given in and remitted to...

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.