Court Should Look at Value of Claim and Periodical Payments When Awarding Interim Payment: Judge Reddihough held that, when assessing the amount of a further interim payment to be made in a personal injury claim, it was appropriate to make reference to the likely awards for PSLA, past losses and expenses and future losses that might be capitalised. As the Claimant’s Schedule of Losses was not an unreasonable attempt to quantify his losses, it was appropriate for the Court to consider it. It woul ...
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Caution:- On 1 October 2008, the pursuers were ordered to find caution for expenses for £25,000 within 21 days "in a form to be agreed between the parties, which failing the case to be brought back to court in order that said form be decided by the court". Here the pursuers argued that caution should be given by their placing the sum of £25,000 in a joint deposit account in the names of solicitors acting for both parties pending decree or settlement. On behalf of the def ...
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The Nature of the Cause of Action Not Integral to the Concept of a Counterclaim: Norris J. allowed an insurance company, who had been joined to the action on a limited basis due to the main defendant being bankrupt, to bring a counterclaim out of time within the meaning of section 35(3) of the Limitation Act 1980. The Claimant had argued that the claim was incapable of being a counterclaim because it had not amended its claim to make any allegations against the insurance company that the claim c ...
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Debate-at instance of pursuers. Their plea was to the relevancy and specification of certain averments made by the first defender. Action for recovery of £1,190,921.49 from the defenders jointly and severally as a partnership, arising out of borrowings. The first defender avered that he was not in partnership. He made several averments about the third defender. He avered that the third defender had committed fraud against the pursuers by use of accounts in the names of Edmund Keane and Jimmy Jon ...
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The Pursuers/Respondents raised proceedings against the Defender/Appellant for payment of two sums. The Pursuers adjusted their pleadings, eventually reducing the amount sued for significantly. They did not formally amend the craves, however, although they lodged a Record in which the craves reflected the reduced sum sued for. The Defender's solicitors withdrew from acting and there was no appearance by or on behalf of the Defender at the peremptory diet. The Sheriff granted Decree by defau ...
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The Pursuer entered into a hire purchase agreement with the Defenders in relation to a car. 3 months later she signed a Trust Deed. She then raised proceedings seeking an order in terms of the Consumer Credit Act 1974, section 140B(1)(e) to set aside the duties imposed on her under the hire purchase agreement, including repayment of the sums she had paid and the return of ownership of the car to her. The Defenders counterclaimed for delivery of the car and for interdict to prevent the Pursu ...
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This decision concerned the issue of expenses following the Sheriff’s decision on 23 April 2008 (see Casecheck summary). The First Defenders sought the expenses of the action against the Pursuers on an agent/client basis, rather than a party/party basis, arguing that the conduct of the litigation was such that expenses should not be restricted to the judicial scale. They put forward a number of arguments in support of this motion. It was submitted that the Defenders had ...
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Issue of Limitation not a Preliminary Issue: Master Fontaine held that limitation in respect of claims made out of time by alleged victims of child abuse should be determined at a full trial rather than as a preliminary issue. There would be a large overlap between the evidence to be given in respect of the limitation issues and in respect of the liability and quantum issues, it was difficult to say that there would be any significant saving of costs. It would be very difficult for a Judge to ex ...
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The Pursuer sought damages for losses sustained as a result of the Defenders’ alleged failure to clear pathways of snow and ice. The Pursuer sought to amend the Record. The Defenders opposed the amendments insofar as they attempted to introduce new matters at a late stage in the procedure. The Minute of Amendment contained averments about a previous accident and the Sheriff decided that the Defenders’ objection to that amendment was well founded. It was absurd to expect the Defenders ...
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Following the discharge of a Proof, the parties agreed that the Defenders should meet the expenses of the discharged Diet. The Pursuer’s Account of Expenses was taxed by the Auditor and the Defenders lodged a lengthy Note of Objections seeking substantial abatements of the expenses. Among other points, they argued that the Pursuer was only entitled to expenses necessitated by the discharge of the Proof and not items that could properly be regarded as for the general furtherance of his case ...
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