Description
The pursuer's motion was opposed by the defenders but only in relation to expenses. The defenders moved for modification of the pursuer's expenses to expenses on the sheriff court ordinary scale without the sanction for counsel.Rule 42.5.(1) of the Rules of the Court of Session 1994 provides that: "In any cause where the court finds a party entitled to expenses, the court may direct that expenses shall be subject to such modification as the court thinks fit". The Court here examined whether there were material extra costs involved in the action as compared with what would have happened if the action had been raised in the Sheriff Court.
