DAVID BROWN AGAINST AVIVA INSURANCE [2016] ScotSC 84 (20 December 2016)

DAVID BROWN AGAINST AVIVA INSURANCE [2016] ScotSC 84 (20 December 2016)

The case, though important to the pursuer, was straightforward and could have been conducted by a solicitor; the defenders' instruction of Counsel did not confer an unfair advantage, so certification for Junior Counsel was refused.

Citation
[2016] ScotSC 84
Parties
Pursuer: David Brown; Defender: Aviva Insurance
Jurisdiction
Scotland
Judgment Date
20 December 2016
Procedural Posture
Summary Cause / Post Trial, Determination of Expenses
Outcome
Defenders found liable to the pursuer in expenses on the summary cause scale; certification for Junior Counsel refused.
Legal Topics
Expenses, Sanction for Counsel, Whiplash Injury, Road Traffic Accident
Civil Procedure Personal Injury Expenses Sanction for Counsel Whiplash Injury Road Traffic Accident

Case Brief

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Parties

David Brown

Pursuer

Aviva Insurance

Defender

Procedural Posture

Summary Cause / Post Trial, Determination of Expenses

Legal Issues

  1. 1 Whether the defenders should be found liable for the pursuer's expenses on the summary cause scale
  2. 2 Whether the cause should be certified as suitable for the employment of Junior Counsel

Ratio Decidendi

The case, though important to the pursuer, was straightforward and could have been conducted by a solicitor; the defenders' instruction of Counsel did not confer an unfair advantage, so certification for Junior Counsel was refused.

Court Disposition

Defenders found liable to the pursuer in expenses on the summary cause scale; certification for Junior Counsel refused.

Orders

  • Defenders liable to pursuer in expenses of the action on the Summary Cause scale as assessed.
  • Dr J Martin Simpson certified as a skilled witness for the pursuer.