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.