Gorman v. Hughes [1907] ScotLR 44_309 (15 January 1907)

Gorman v. Hughes [1907] ScotLR 44_309 (15 January 1907)

Where a pursuer raises an action in the Court of Session for a sum far exceeding what he could reasonably expect to recover, and the actual damages awarded are well below the Court's jurisdictional threshold, the Court may modify the pursuer's expenses to one-half, as the action should have been raised in the Sheriff Court.

Citation
[1907] ScotLR 44_309
Parties
Pursuer: Frederick L. Gorman; Defender: George Hughes
Jurisdiction
Scotland
Judgment Date
15 January 1907
Procedural Posture
Damages Action (personal Injury) / Post Verdict Motion on Expenses
Outcome
Pursuer awarded one-half of taxed expenses.
Legal Topics
Modification of Expenses, Jurisdictional Competence, Damages Assessment, Jury Trial
Civil Procedure Personal Injury Modification of Expenses Jurisdictional Competence Damages Assessment Jury Trial

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Parties

Frederick L. Gorman

Pursuer

George Hughes

Defender

Procedural Posture

Damages Action (personal Injury) / Post Verdict Motion on Expenses

Legal Issues

  1. 1 Whether the pursuer is entitled to full expenses when the damages awarded are far below the Court of Session threshold
  2. 2 Whether the action should have been raised in the Sheriff Court instead of the Court of Session

Ratio Decidendi

Where a pursuer raises an action in the Court of Session for a sum far exceeding what he could reasonably expect to recover, and the actual damages awarded are well below the Court's jurisdictional threshold, the Court may modify the pursuer's expenses to one-half, as the action should have been raised in the Sheriff Court.

Court Disposition

Pursuer awarded one-half of taxed expenses.

Orders

  • Pursuer entitled to one-half of the taxed amount of his expenses.