TINTO, PETITION: KAE ALEXANDRA TINTO OR MURRAY FOR INTERDICT [2019] ScotCS CSOH_22 (07 March 2019)

TINTO, PETITION: KAE ALEXANDRA TINTO OR MURRAY FOR INTERDICT [2019] ScotCS CSOH_22 (07 March 2019)

The respondent's conduct, though erroneous in some respects, was not unreasonable or lacking in good faith. The errors did not justify an award of expenses on the agent/client scale. The normal party/party scale applies. The skilled witness was properly certified due to her qualifications and the potential relevance of her evidence at the time it was sought.

Citation
[2019] ScotCS CSOH_22
Parties
Petitioner: Kae Alexandra Tinto or Murray; Respondent: Turcan Connell
Jurisdiction
Scotland
Judgment Date
07 March 2019
Procedural Posture
Petition for Interdict / Post Interdict, Motions for Expenses and Certification of Skilled Witness
Outcome
Petitioner's motion for expenses on agent/client scale refused; expenses awarded on party/party scale. Certification of skilled witness allowed.
Legal Topics
Conflict of Interest, Confidentiality of Client Information, Award of Expenses, Certification of Skilled Witness
Family Law Legal Ethics Civil Procedure Conflict of Interest Confidentiality of Client Information Award of Expenses Certification of Skilled Witness

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 2 Party arguments 2
Sign in to unlock

Parties

Kae Alexandra Tinto or Murray

Petitioner

Turcan Connell

Respondent

Procedural Posture

Petition for Interdict / Post Interdict, Motions for Expenses and Certification of Skilled Witness

Legal Issues

  1. 1 Whether the respondent's conduct justified an award of expenses on the agent/client, client paying scale rather than the party/party scale
  2. 2 Whether the certification of a skilled witness was appropriate

Ratio Decidendi

The respondent's conduct, though erroneous in some respects, was not unreasonable or lacking in good faith. The errors did not justify an award of expenses on the agent/client scale. The normal party/party scale applies. The skilled witness was properly certified due to her qualifications and the potential relevance of her evidence at the time it was sought.

Court Disposition

Petitioner's motion for expenses on agent/client scale refused; expenses awarded on party/party scale. Certification of skilled witness allowed.

Orders

  • Expenses awarded to petitioner on party/party scale
  • Certification of skilled witness granted