McNeish v Advocate General [2004] ScotCS 190 (30 July 2004)

McNeish v Advocate General [2004] ScotCS 190 (30 July 2004)

The pursuer's conduct was objectively unsatisfactory, particularly in failing to test the defender's medical argument in a timely manner, causing unnecessary expense. The pursuer's financial circumstances allow her to meet the liability, and there is no justification for modifying her liability for expenses. The defender acted reasonably throughout. Full liability for the defender's expenses is reasonable.

Citation
[2004] ScotCS 190
Parties
Pursuer: Susan McNeish; Defender: The Advocate General
Jurisdiction
Scotland
Judgment Date
30 July 2004
Procedural Posture
Personal Injury Damages / Post Settlement Expenses Modification Motion
Outcome
motion refused
Legal Topics
Expenses Modification, Legal Aid Liability, Tender Acceptance, Conduct of Litigation
Civil Litigation Personal Injury Legal Aid Expenses Modification Legal Aid Liability Tender Acceptance Conduct of Litigation

Case Brief

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Parties

Susan McNeish

Pursuer

The Advocate General

Defender

Procedural Posture

Personal Injury Damages / Post Settlement Expenses Modification Motion

Legal Issues

  1. 1 Should the pursuer's liability for expenses as an assisted person be modified to nil?
  2. 2 Was the pursuer's conduct in litigation reasonable regarding acceptance of the tender?

Ratio Decidendi

The pursuer's conduct was objectively unsatisfactory, particularly in failing to test the defender's medical argument in a timely manner, causing unnecessary expense. The pursuer's financial circumstances allow her to meet the liability, and there is no justification for modifying her liability for expenses. The defender acted reasonably throughout. Full liability for the defender's expenses is reasonable.

Court Disposition

motion refused

Orders

  • Pursuer's liability for defender's expenses not modified; pursuer to pay full amount of defender's expenses as agreed.