Costs & Damages

The Court of Appeal refused a local authority's application for wasted costs against solicitors acting for the parents in care proceedings as, despite poor litigation conduct, none of the identified errors had been causative of costs being wasted by opposing parties. ......

Debate:- In this action the pursuer sought damages for a period of sexual abuse from when she was a child until the age of thirty by the defender. The abuse ended in 1997 and the pursuer's loss was known in 1998. The triennium expired in 2001 with this action raised three years later. At debate t......

When awarding costs the judge had erred in not granting an adjournment to enable further evidence to be brought that could have helped in the assessment of those costs. ......

The costs of cross-application for summary judgment would be reserved pending the outcome of mediation as costs would be one of the central issues to be decided at mediationThe costs of the summary judgment applications would be reserved to be determined at a CMC after the mediation. One of the iss......

Legal Advice & Funding. Where a member of the Chartered Institute of Taxation instructed a barrister under the Bar's Licensed Access Scheme, the presence of the barrister did not prevent the party on whose behalf the barrister had been instructed from being a litigant in person. The words "acting a......

In this action the pursuer sought damages from the first defender for injuries which he sustained as a result of a road accident on 30 May 2004. In addition the pursuer sought from the second defender declarator that they were liable to satisfy any decree awarded against the first defender if any d......

Reclaiming Motion:- On 6 May 1997 in the course of his employment with the defenders the pursuer suffered injury whilst working on a barge in assistance of two divers. An action was raised in May 2000 and, following a proof in 2003, on 18 February 2004 the Lord Ordinary assoilzied the defenders. ......

Third Party Costs Order. A judge was right to make a third party costs order against a director of a company that had had a claim for unpaid fees dismissed and had judgment made against it on a counterclaim, in circumstances where the identity of the director and the company and the interests of......

Costs ruling in a successful claim for damages pursuant to s. 47A, Competition Act 1998 (inserted by s. 18, Enterprise Act 2002) and an unsuccessful claim for exemplary damages. Held: A party is not required to succeed on every point at issue before a claim can be regarded as a success (HLB Kids......

Application by a defendant to revoke a direction that an assessment of costs proceed upon the basis that it was reasonable for insurers to be separately represented in a road traffic claim, on the ground that the information giving rise to the direction was inaccurate and did not properly reflect t......

Debate:- The pursuer breeds and rears horses and in 2000 purchased a property in south-west Scotland with the intention to operate stables there. In March 2001, the pursuer was aware of aircraft flying at low altitudes over the stables in an area where operational low flying was allowed. The purs......

Signature on a costs budget by a costs draughtsman is an irregularity but does not render the budget a ity. The Defendant ('D') filed a costs budget that was fully compliant save that it was signed by a costs draughtsman rather than a senior legal representative as required by CPR, PD 3E......

Proof:- The pursuer, a 60 year old man, worked in the employment of the Ministry of Defence at Rosyth Dockyard as a fitter from 1968 until 1976. He worked on vessels undergoing refit and repair and worked in the vicinity of laggers who were stripping and applying asbestos lagging. From 1976 until......

Proof:- On 7 October 2007 the pursuer was driving his car on the M8 towards the Kingston Bridge in Glasgow. The pursuer slowed down to take heed of queuing traffic, and was close to stopping, when he was hit from behind by a van driven by the defender. The pursuer came to a halt and was again struc......

The pursuers and defenders entered into a contract for the supply and installation by the pursuers of six hardwood traditional sash and case windows, at the defenders' home. The defenders had attended at the pursuer's premises and had selected the particular windows which they wished installed conf......

Reclaiming Motion:- On 10 August 2001 James Mitchell, aged 72, died as a result of an assault by his neighbour James Drummond. On 12 July 2002 Drummond pled guilty to culpable homicide. In 2003, the deceased's widow and daughter raised this civil action of damages against Glasgow City Council in ......

Proof:- On 27 January 2006, the pursuer, a 45 year old man at the time of the incident, was driving his scooter in Aberdeen when he lost control, fell and was injured. It was the pursuer's contention that the accident was caused by a bus operated by the defenders, and driven by one of their employe......

A private company providing interpreter services on behalf of the State appealed a third party costs order for causing a sentencing hearing to be adjourned on the ground that the judge erred in finding serious misconduct, raising the issue as to the circumstances in which a court may exercise its p......

Liability of professional funder: A professional funder, who had financed part of a claimant's costs of litigation in a manner which facilitated access to justice and which was not otherwise objectionable, should be potentially liable for the costs of the opposing party only to the extent of the fu......