BRITISH TELECOMMUNICATIONS PLC v SCOTTISH WATER AND TPT CIVIL ENGINEERING Ltd [2017] ScotSC 26 (25 April 2017)

BRITISH TELECOMMUNICATIONS PLC v SCOTTISH WATER AND TPT CIVIL ENGINEERING Ltd [2017] ScotSC 26 (25 April 2017)

The third party’s failure to unequivocally admit liability caused the litigation and expenses incurred by the defenders; pursuers acted reasonably in suing the defenders; as between pursuers and defenders, no expenses due to or by either party to date of tender; third party liable for defenders’ expenses to date of tender; pursuers liable for expenses of both defenders and third party from date of tender onwards, except for specific hearings.

Citation
[2017] ScotSC 26
Parties
Pursuer: British Telecommunications PLC; Defender: Scottish Water; Third Party: TPT Civil Engineering Limited
Jurisdiction
Scotland
Judgment Date
25 April 2017
Procedural Posture
Civil Damages Claim / Post Tender, Expenses Determination
Outcome
Tender accepted; decree granted against third party for payment to pursuers; defenders assoilzied; expenses allocated as per findings.
Legal Topics
Strict Liability, Expenses, Relief, Tender Procedure
Tort Statutory Liability Civil Procedure Strict Liability Expenses Relief Tender Procedure

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Parties

British Telecommunications PLC

Pursuer

Scottish Water

Defender

TPT Civil Engineering Limited

Third Party

Procedural Posture

Civil Damages Claim / Post Tender, Expenses Determination

Legal Issues

  1. 1 Who is liable for expenses following acceptance of a tender by the third party?
  2. 2 Should pursuers be relieved by the third party if found liable for defenders’ expenses?
  3. 3 Should the third party be liable for defenders’ expenses?

Ratio Decidendi

The third party’s failure to unequivocally admit liability caused the litigation and expenses incurred by the defenders; pursuers acted reasonably in suing the defenders; as between pursuers and defenders, no expenses due to or by either party to date of tender; third party liable for defenders’ expenses to date of tender; pursuers liable for expenses of both defenders and third party from date of tender onwards, except for specific hearings.

Court Disposition

Tender accepted; decree granted against third party for payment to pursuers; defenders assoilzied; expenses allocated as per findings.

Orders

  • Third party to pay pursuers £25,000, net of recoupment under Social Security (Recovery of Benefits) Act 1997.
  • Third party liable to pursuers for expenses to date of tender as taxed.