Boath v Perth & Kinross Council [2010] ScotCS CSOH_35 (11 March 2010)

Boath v Perth & Kinross Council [2010] ScotCS CSOH_35 (11 March 2010)

The pursuer achieved substantial success on matters of considerable importance, justifying an award of expenses despite not being wholly successful. The court exercised its discretion to award expenses to the pursuer, as both parties agreed no modification was necessary.

Citation
[2010] ScotCS CSOH_35
Parties
Pursuer: David Sandeman Boath; Defender: Perth and Kinross Council
Jurisdiction
Scotland
Judgment Date
11 March 2010
Procedural Posture
Civil / Post Debate, Expenses Determination
Outcome
Pursuer found entitled to expenses of process to date; cause re-sisted for negotiations.
Legal Topics
Expenses of Process, Costs, Discretion of Court
Civil Procedure Expenses of Process Costs Discretion of Court

Case Brief

Summary, issues, holding and outcome

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Parties

David Sandeman Boath

Pursuer

Perth and Kinross Council

Defender

Procedural Posture

Civil / Post Debate, Expenses Determination

Legal Issues

  1. 1 Whether the pursuer is entitled to expenses of process to date
  2. 2 Whether expenses should be modified due to mixed success

Ratio Decidendi

The pursuer achieved substantial success on matters of considerable importance, justifying an award of expenses despite not being wholly successful. The court exercised its discretion to award expenses to the pursuer, as both parties agreed no modification was necessary.

Court Disposition

Pursuer found entitled to expenses of process to date; cause re-sisted for negotiations.

Orders

  • Award of expenses to pursuer for process to date
  • Cause re-sisted for negotiations