Description
Reparation - Additional Fee:- On behalf of the pursuer a motion was enrolled to allow inter alia an additional fee in terms of Rule of Court 42.14 (3) (a), (e) and (g). The motion, in relation to the additional fee only, was opposed by the defenders. It was submitted on behalf of the pursuer that (1) the circumstances of the case demonstrated complexity in that the particular type of medical negligence focussed upon was unusual and there was a difference of view even amongst the pursuer's own experts which required careful examination; (2) the case had a particular importance for the pursuer in that the injury caused by the negligence under consideration had led to a lifestyle change for the pursuer which affected him in embarrassing ways; (3) the pursuer was a man of modest means and the prospect of a finding of expenses against him after a 6 day proof had led to very great strain and the impact of having to face the defenders' costs was a significant one and this concern led to further difficulty in providing advice to the pursuer; and (4) the pursuer's agents had made various efforts to settle the case and had repeatedly attempted to secure a joint consultation in order that matters could be discussed. The motion was opposed on behalf of the defenders and it was submitted that the purpose of Rule of Court 42.14 was to allow for additional remuneration in exceptional cases and there was nothing complicated about the medical aspects of the case here and the importance of the case to the pursuer was not sufficient given his age and the relatively small value of the case to bring it within the terms of the Rule of Court. Here the court considered whether the motion should be granted, in particular, whether there was a sufficient degree of complexity about the case to merit the additional fee.
