Galbraith v. First Glasgow (No.1) Ltd [2006] ScotCS CSOH_36 (01 March 2006)

Galbraith v. First Glasgow (No.1) Ltd [2006] ScotCS CSOH_36 (01 March 2006)

The pursuer's choice of the Court of Session was justified given the procedural advantages of Chapter 43, the settlement sum was not trivial, and the defenders failed to establish that expenses were disproportionate or that material extra costs were incurred compared to the sheriff court. Modification of expenses was refused.

Citation
[2006] ScotCS CSOH_36
Parties
Pursuer: Louise Galbraith; Defender: First Glasgow (No 1) Limited
Jurisdiction
Scotland
Judgment Date
01 March 2006
Procedural Posture
Personal Injuries Action / Post Settlement Motion for Expenses
Outcome
Pursuer's motion for decree and certification of skilled witness granted; defenders' motion for modification of expenses refused.
Legal Topics
Modification of Expenses, Forum Selection, Chapter 43 Procedures, Proportionality of Costs
Personal Injury Civil Procedure Modification of Expenses Forum Selection Chapter 43 Procedures Proportionality of Costs

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Parties

Louise Galbraith

Pursuer

First Glasgow (No 1) Limited

Defender

Procedural Posture

Personal Injuries Action / Post Settlement Motion for Expenses

Legal Issues

  1. 1 Should the pursuer's expenses be modified to the sheriff court ordinary scale without sanction for counsel?
  2. 2 Was the choice of Court of Session justified given the value and nature of the claim?

Ratio Decidendi

The pursuer's choice of the Court of Session was justified given the procedural advantages of Chapter 43, the settlement sum was not trivial, and the defenders failed to establish that expenses were disproportionate or that material extra costs were incurred compared to the sheriff court. Modification of expenses was refused.

Court Disposition

Pursuer's motion for decree and certification of skilled witness granted; defenders' motion for modification of expenses refused.

Orders

  • Decree in terms of Minute of Tender and Acceptance for £2,875 granted.
  • Certification of Mr Ian Anderson FRCS as skilled witness granted.