Wilson & Anor v. Glasgow City Council [2004] ScotCS 75 (11 March 2004)

Wilson & Anor v. Glasgow City Council [2004] ScotCS 75 (11 March 2004)

Modification of expenses is not warranted solely because a case is straightforward and of modest value; the defenders failed to show that litigation in the Court of Session was likely to be significantly more expensive than in the Sheriff Court under the new procedural rules. The pursuers' choice of forum was reasonable given the efficiency of the new procedures and the likelihood of early settlement.

Citation
[2004] ScotCS 75
Parties
Pursuer: Hazel Wilson; Pursuer: Elizabeth Gould; Defender: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
11 March 2004
Procedural Posture
Personal Injury Damages Actions / Motion Roll; Motions for Decree in Terms of Minutes of Tender and Acceptance, Certification of Skilled Witness, and Modification of Expenses
Outcome
Defenders' motion for modification of expenses refused; leave to reclaim granted.
Legal Topics
Modification of Expenses, Choice of Forum, Costs in Personal Injury Actions, Application of New Procedural Rules
Civil Procedure Personal Injury Modification of Expenses Choice of Forum Costs in Personal Injury Actions Application of New Procedural Rules

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Hazel Wilson

Pursuer

Elizabeth Gould

Pursuer

Glasgow City Council

Defender

Procedural Posture

Personal Injury Damages Actions / Motion Roll; Motions for Decree in Terms of Minutes of Tender and Acceptance, Certification of Skilled Witness, and Modification of Expenses

Legal Issues

  1. 1 Whether expenses should be modified to the Sheriff Court scale due to the modest value and straightforward nature of the claims
  2. 2 Whether the pursuers' choice to litigate in the Court of Session was justified

Ratio Decidendi

Modification of expenses is not warranted solely because a case is straightforward and of modest value; the defenders failed to show that litigation in the Court of Session was likely to be significantly more expensive than in the Sheriff Court under the new procedural rules. The pursuers' choice of forum was reasonable given the efficiency of the new procedures and the likelihood of early settlement.

Court Disposition

Defenders' motion for modification of expenses refused; leave to reclaim granted.

Orders

  • Decree granted in terms of Minutes of Tender and Acceptance and certification of one skilled witness.
  • Defenders' motion for modification of expenses to Sheriff Court scale refused.