STIRLING DEVELOPMENTS LTD AGAINST GRACEWELL HOLDINGS LTD AND ANOTHER [2019] ScotCS CSOH_69 (06 September 2019)

STIRLING DEVELOPMENTS LTD AGAINST GRACEWELL HOLDINGS LTD AND ANOTHER [2019] ScotCS CSOH_69 (06 September 2019)

The pursuer acted unreasonably by failing to disclose material information at the preliminary hearing and by continuing the action after planning permission was granted, causing unnecessary expense; expenses are awarded to the defenders on an agent and client basis from 3 June 2019 until abandonment, and on a party/party basis prior to that; an additional fee is awarded under heads (a), (b), (e), (f), and (g) due to complexity, urgency, substantial claim, importance, and skill required.

Citation
[2019] ScotCS CSOH_69
Parties
Pursuer: Stirling Developments Limited; First Defender: Gracewell Holdings Limited; Second Defender: Another (second defender)
Jurisdiction
Scotland
Judgment Date
06 September 2019
Procedural Posture
Commercial Action / Post Abandonment Motions for Expenses and Additional Fee
Outcome
Expenses awarded to defenders on agent and client basis from 3 June 2019 until abandonment; party/party basis prior to that; additional fee awarded under specified heads.
Legal Topics
Expenses, Additional Fee, Agent and Client Scale, Party and Party Scale, Abandonment, Candour in Litigation, Planning Agreements, Damages
Contract Law Planning Law Civil Procedure Expenses Additional Fee Agent and Client Scale Party and Party Scale Abandonment +3 more

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Parties

Stirling Developments Limited

Pursuer

Gracewell Holdings Limited

First Defender

Another (second defender)

Second Defender

Procedural Posture

Commercial Action / Post Abandonment Motions for Expenses and Additional Fee

Legal Issues

  1. 1 Whether expenses should be awarded on an agent and client basis due to unreasonable conduct
  2. 2 Whether an additional fee should be awarded under specific heads
  3. 3 Whether pursuer acted unreasonably in failing to disclose material information at preliminary hearing

Ratio Decidendi

The pursuer acted unreasonably by failing to disclose material information at the preliminary hearing and by continuing the action after planning permission was granted, causing unnecessary expense; expenses are awarded to the defenders on an agent and client basis from 3 June 2019 until abandonment, and on a party/party basis prior to that; an additional fee is awarded under heads (a), (b), (e), (f), and (g) due to complexity, urgency, substantial claim, importance, and skill required.

Court Disposition

Expenses awarded to defenders on agent and client basis from 3 June 2019 until abandonment; party/party basis prior to that; additional fee awarded under specified heads.

Orders

  • Expenses to defenders on agent and client basis from 3 June 2019 until minute of abandonment
  • Expenses to defenders on party/party basis prior to 3 June 2019