V (AS PARENT AND GUARDIAN OF J (A CHILD)) AGAINST M&D (LEISURE) Ltd [2016] ScotSC 22 (21 March 2016)

V (AS PARENT AND GUARDIAN OF J (A CHILD)) AGAINST M&D (LEISURE) Ltd [2016] ScotSC 22 (21 March 2016)

It was reasonable to sanction the employment of counsel due to the moderate complexity of the case, the need for special skill in taking evidence from a young child with a permanent injury, and the appropriateness of early instruction to ensure effective representation and support for the child.

Citation
[2016] ScotSC 22
Parties
Pursuer: V (as parent and guardian of J (a child)); Defender: M & D (Leisure) Limited
Jurisdiction
Scotland
Judgment Date
21 March 2016
Procedural Posture
Personal Injury Action / Post Settlement Motion for Sanction of Counsel's Employment Under Section 108 of the Courts Reform (scotland) Act 2014
Outcome
Sanction for the employment of junior counsel granted.
Legal Topics
Sanction for Counsel, Occupiers' Liability, Child Injury, Damages, Section 108 Courts Reform (scotland) Act 2014
Personal Injury Civil Procedure Sanction for Counsel Occupiers' Liability Child Injury Damages Section 108 Courts Reform (scotland) Act 2014

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Parties

V (as parent and guardian of J (a child))

Pursuer

M & D (Leisure) Limited

Defender

Procedural Posture

Personal Injury Action / Post Settlement Motion for Sanction of Counsel's Employment Under Section 108 of the Courts Reform (scotland) Act 2014

Legal Issues

  1. 1 Whether it was reasonable to sanction the employment of junior counsel under section 108 of the Courts Reform (Scotland) Act 2014 in a personal injury action involving a child

Ratio Decidendi

It was reasonable to sanction the employment of counsel due to the moderate complexity of the case, the need for special skill in taking evidence from a young child with a permanent injury, and the appropriateness of early instruction to ensure effective representation and support for the child.

Court Disposition

Sanction for the employment of junior counsel granted.

Orders

  • Sanction for the employment of junior counsel is granted for all work instructed.