STEVEN DEVINE AGAINST IAN LAURIE [2016] ScotSC 83 (14 December 2016)

The Voluntary Protocol was not engaged; pursuer was entitled to raise proceedings due to unresolved contributory negligence, but failure to disclose medical reports delayed settlement, justifying a 20% modification of expenses.

Citation: [2016] ScotSC 83
Parties: Pursuer: Steven Devine; Defender: Ian Laurie
Jurisdiction: Scotland
Judgment Date: 14 December 2016
Procedural Posture: Personal Injuries Action / Motion for Expenses After Settlement
Outcome: Decree for payment to pursuer; expenses awarded to pursuer with 20% modification; no expenses for motion roll hearing.
Legal Topics: Expenses, Contributory Negligence, Settlement, Protocol Applicability

Personal Injury Civil Procedure Expenses Contributory Negligence Settlement Protocol Applicability

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Parties

Steven Devine

Pursuer

Ian Laurie

Defender

Procedural Posture

Personal Injuries Action / Motion for Expenses After Settlement

Legal Issues

1 Whether the Voluntary Protocol was engaged
2 Whether pursuer's conduct justified modification of expenses
3 Whether failure to disclose medical reports delayed settlement

Ratio Decidendi

Court Disposition

Decree for payment to pursuer; expenses awarded to pursuer with 20% modification; no expenses for motion roll hearing.

Orders

Defender to pay pursuer £13,000 plus 8% interest per annum from date of decree until payment.
Defender liable for pursuer's expenses as taxed, modified by 20%.