Martin & Co (UK) Ltd, Re An Order Under Section 1 of the Administration of Justice Act 1972 [2013] ScotCS CSOH_25 (12 February 2013)

An interim award of expenses is competent and justified in this case to protect the petitioners' right to recover expenses, given the risk of asset dissipation by the respondent and the absence of diligence on the dependence.

Citation: [2013] ScotCS CSOH_25
Parties: Petitioner: Martin & Co (UK) Limited; Respondent: First Respondent
Jurisdiction: Scotland
Judgment Date: 12 February 2013
Procedural Posture: Petition for Order Under Section 1 of the Administration of Justice Act 1972 / Motion for Interim Expenses
Outcome: Interim award of expenses granted in favour of petitioners.
Legal Topics: Interim Expenses, Recovery of Documents, Franchise Agreements

Civil Procedure Commercial Law Interim Expenses Recovery of Documents Franchise Agreements

Case Brief

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Parties

Martin & Co (UK) Limited

Petitioner

First Respondent

Respondent

Procedural Posture

Petition for Order Under Section 1 of the Administration of Justice Act 1972 / Motion for Interim Expenses

Legal Issues

1 Whether an interim award of expenses is competent and justified to protect the petitioners' right to expenses pending taxation
2 Whether special reasons exist for granting an interim award of expenses

Ratio Decidendi

Court Disposition

Interim award of expenses granted in favour of petitioners.

Orders

First respondent ordered to pay £50,000 by way of interim expenses.
Immediate extract of the order pending agreement or taxation of the account of expenses.