Liability Risk and Insurance
Claims News
Sheriff Personal Injury Court in Scotland decision on costs
The conduct of an action is relevant to determining liability for expenses, even when formal offers are made in a “tender”,
according to a decision from the Sheriff Personal Injury Court in Scotland. According to Horwich Farrelly, a senior Sheriff
clarified the approach of the court in assessing such a situation, after an increased offer was made in a tender due to the
late disclosure of information. The law firm said expenses awarded to the pursuer were restricted to the start of the claim,
when Aviva repeated a pre-litigation offer in a tender, with Aviva being awarded the expenses from that date.