McKie v. The Scottish Ministers [2006] ScotCS CSOH_54 (30 March 2006)

McKie v. The Scottish Ministers [2006] ScotCS CSOH_54 (30 March 2006)

The Scottish Ministers did not act unreasonably or reprehensibly in their conduct of the litigation; there was genuine conflict of expert evidence and uncertainty as to facts and liability. The pursuer is entitled to expenses on the party and party scale and an additional fee under Rule of Court 42.14 heads (a), (b), (c), (d), (e), and (g).

Citation
[2006] ScotCS CSOH_54
Parties
Pursuer: Shirley Jane McKie; Defender: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
30 March 2006
Procedural Posture
Civil Damages Action / Post Settlement Motion for Expenses and Additional Fee
Outcome
Pursuer awarded expenses on party and party scale and an additional fee; no solicitor and client scale expenses awarded.
Legal Topics
Malicious Prosecution, Vicarious Liability, Expenses (costs), Additional Fee, Malice, Fingerprint Evidence, Settlement Without Admission of Liability
Civil Procedure Tort Law Public Law Malicious Prosecution Vicarious Liability Expenses (costs) Additional Fee Malice +2 more

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Parties

Shirley Jane McKie

Pursuer

The Scottish Ministers

Defender

Procedural Posture

Civil Damages Action / Post Settlement Motion for Expenses and Additional Fee

Legal Issues

  1. 1 Whether the Scottish Ministers acted unreasonably or reprehensibly in the conduct of the litigation so as to justify an award of expenses on the solicitor and client scale.
  2. 2 Whether the pursuer is entitled to an additional fee under Rule of Court 42.14.

Ratio Decidendi

The Scottish Ministers did not act unreasonably or reprehensibly in their conduct of the litigation; there was genuine conflict of expert evidence and uncertainty as to facts and liability. The pursuer is entitled to expenses on the party and party scale and an additional fee under Rule of Court 42.14 heads (a), (b), (c), (d), (e), and (g).

Court Disposition

Pursuer awarded expenses on party and party scale and an additional fee; no solicitor and client scale expenses awarded.

Orders

  • Award of expenses to pursuer on party and party scale, except as already dealt with.
  • Award of additional fee to pursuer under Rule of Court 42.14 heads (a), (b), (c), (d), (e), and (g).