PK McNAUGHT v DAVID MILLIGAN [2015] ScotSC 39 (15 May 2015)

No statutory exception to expense limits was established; expenses must be modified to the statutory maximum of £150 for a claim of £325.

Citation: [2015] ScotSC 39
Parties: Pursuer: PK McNaught; Defender: David Milligan
Jurisdiction: Scotland
Judgment Date: 15 May 2015
Procedural Posture: Small Claim Summary Cause / Approval of Expenses, Post Decree
Outcome: Defender's motion for modification of expenses granted; expenses modified to £150.
Legal Topics: Judicial Expenses, Small Claims, Modification of Expenses

Case Brief

Summary, issues, holding and outcome

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PK McNaught

Pursuer

David Milligan

Defender

Small Claim Summary Cause / Approval of Expenses, Post Decree

1 Whether expenses in a defended small claim should be restricted to statutory maximums
2 Whether any statutory exceptions to expense limits applied

No statutory exception to expense limits was established; expenses must be modified to the statutory maximum of £150 for a claim of £325.

Defender's motion for modification of expenses granted; expenses modified to £150.

Defender liable to pay pursuer £325 with interest at 8% per annum from 19 September 2014.
Defender liable for expenses of £150.