STEVEN GIBSON AGAINST MENZIES AVIATION (UK) LTD [2016] ScotSC 5 (15 January 2016)

STEVEN GIBSON AGAINST MENZIES AVIATION (UK) LTD [2016] ScotSC 5 (15 January 2016)

The pursuer's agents' failure to disclose medical reports before raising the present action was unreasonable and deprived the insurers of a genuine opportunity to settle the claim pre-litigation; however, since the failure was not the sole cause of litigation, expenses are awarded but modified by two-thirds.

Citation
[2016] ScotSC 5
Parties
Pursuer: Steven Gibson; Defender: Menzies Aviation (UK) Ltd
Jurisdiction
Scotland
Judgment Date
15 January 2016
Procedural Posture
Personal Injury Damages / Motion for Decree Following Tender and Acceptance
Outcome
Decree granted against defender for payment to pursuer; expenses awarded to pursuer, modified by two-thirds.
Legal Topics
Expenses, Disclosure of Evidence, Pre Litigation Conduct, Protocol Compliance
Personal Injury Civil Procedure Expenses Disclosure of Evidence Pre Litigation Conduct Protocol Compliance

Case Brief

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Parties

Steven Gibson

Pursuer

Menzies Aviation (UK) Ltd

Defender

Procedural Posture

Personal Injury Damages / Motion for Decree Following Tender and Acceptance

Legal Issues

  1. 1 Whether pursuer's agents acted unreasonably in failing to disclose medical evidence
  2. 2 Whether litigation was necessary due to missing earnings information
  3. 3 Appropriate modification of expenses

Ratio Decidendi

The pursuer's agents' failure to disclose medical reports before raising the present action was unreasonable and deprived the insurers of a genuine opportunity to settle the claim pre-litigation; however, since the failure was not the sole cause of litigation, expenses are awarded but modified by two-thirds.

Court Disposition

Decree granted against defender for payment to pursuer; expenses awarded to pursuer, modified by two-thirds.

Orders

  • Defender to pay pursuer £12,000 net of liabilities under Section 6 of the Social Security (Recovery of Benefits) Act 1997.
  • Defender liable for pursuer's expenses as taxed, modified by two-thirds.