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Scotland Case Law

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Civil procedure [2006] ScotSC 32

Stewart v. Speed

Stewart v. Speed [2006] ScotSC 32 (28 March 2006)

A Scottish sheriff awarded ÂŁ1,400 in a road-traffic reparation action and limited expenses to the pre-January 2004 Table of Fees.

  • Expenses (costs)
  • Judicial tender
  • Pre-action settlement
  • Table of fees
  • Road traffic accident
  • Expenses-costs
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Civil litigation [2006] ScotSC 26

Stewart v. Speed

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

A Scottish sheriff court awarded decree for ÂŁ1,400 in a road traffic reparation action and held expenses should be paid to the pursuer on the pre-2004 Chapter 10 scale.

  • Road traffic accident
  • Expenses
  • Damages
  • Judicial tender
  • Judicial-tender
  • Road-traffic-accident
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Civil procedure [2006] ScotCS CSOH_27

Gough v. Glasgow City Council

Gough v. Glasgow City Council [2006] ScotCS CSOH_27 (14 February 2006)

The court held that the pursuer acted reasonably in not accepting an earlier tender, and awarded expenses in his favour after he beat the live tender at proof.

  • Expenses
  • Judicial tender
  • Reasonableness of conduct
  • Civil-procedure
  • Judicial-tender
  • Scottish-court-of-session
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Civil procedure [2006] ScotCS CSIH_2

Brackencroft Ltd v. Silvers Marine Ltd

Brackencroft Ltd v. Silvers Marine Ltd [2006] ScotCS CSIH_2 (06 January 2006)

The court held that a tender not framed in the usual judicial form was not a valid judicial tender for expenses, and remitted expenses for reconsideration.

  • Judicial tender
  • Expenses of process
  • Breach of contract
  • Damages
  • Judicial-tender
  • Expenses-of-process
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Civil procedure [2004] ScotCS 36

Martin v. Had-Fab Ltd

Martin v. Had-Fab Ltd [2004] ScotCS 36 (21 January 2004)

The Court of Session held that a judicial tender accepted by the pursuer bound the defenders to pay expenses to the date of that tender, and the court would not rewrite those terms.

  • Judicial tender
  • Expenses
  • Settlement
  • Social security (recovery of benefits) act 1997
  • Judicial-tender
  • Personal-injury
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Civil procedure [1921] ScotLR 494

Reekie v. M'Kinven

Reekie v. M'Kinven [1921] ScotLR 494 (18 June 1921)

The Court of Session refused a new trial after holding that counsel’s reference to expenses in jury argument did not prevent a fair trial.

  • Breach of promise of marriage
  • Jury trial
  • Application for new trial
  • Judicial tender
  • Jury argument
  • Expenses
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Civil law [1901] ScotLR 39_87

Brodie v. Macgregor

Brodie v. Macgregor [1901] ScotLR 39_87 (09 November 1901)

In a breach of promise action, the Court of Session apportioned expenses around a judicial tender, awarding the pursuer expenses to the tender date and the defender thereafter.

  • Breach of promise
  • Damages
  • Judicial tender
  • Expenses
  • New trial
  • Breach-of-promise
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