Stewart v. Speed [2006] ScotSC 26 (28 March 2006)

Stewart v. Speed [2006] ScotSC 26 (28 March 2006)

The Pursuer is entitled to an award of expenses, but only limited to Chapter 10 of the Table of Fees for General Business in force prior to January 2004, as there was no legal entitlement to judicial scale expenses and both parties acted with an expectation of extra judicial expenses based on practice.

Citation
[2006] ScotSC 26
Parties
Pursuer: David Stewart; Defender: Archibald Speed
Jurisdiction
Scotland
Judgment Date
28 March 2006
Procedural Posture
Reparation (damages) / Final Judgment
Outcome
decree granted for payment to pursuer; expenses awarded to pursuer limited to Chapter 10 of Table of Fees prior to January 2004
Legal Topics
Road Traffic Accident, Expenses, Damages, Judicial Tender
Civil Litigation Personal Injury Road Traffic Accident Expenses Damages Judicial Tender

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

David Stewart

Pursuer

Archibald Speed

Defender

Procedural Posture

Reparation (damages) / Final Judgment

Legal Issues

  1. 1 Entitlement to expenses following settlement of a road traffic accident claim
  2. 2 Validity of judicial tender without offer of expenses
  3. 3 Appropriate scale for award of expenses

Ratio Decidendi

The Pursuer is entitled to an award of expenses, but only limited to Chapter 10 of the Table of Fees for General Business in force prior to January 2004, as there was no legal entitlement to judicial scale expenses and both parties acted with an expectation of extra judicial expenses based on practice.

Court Disposition

decree granted for payment to pursuer; expenses awarded to pursuer limited to Chapter 10 of Table of Fees prior to January 2004

Orders

  • Defender to pay Pursuer £1,400.00 sterling
  • Defender liable to Pursuer in expenses in accordance with Chapter 10 of the Table of Fees for General Business in force prior to January 2004