Ahmed v QBE Insurance (Europe) Ltd (Admiral Insurance Company Ltd, third party)

Civil procedure – Expenses – Appeal – Third party's expenses. Sheriff Appeal Court: Allowing an appeal against a sheriff's interlocutor in a claim involving the insurers of vehicles involved in a collision, making a finding of expenses against the pursuer in favour of the third party, the court held that absent any unreasonable behaviour by the pursuer, the time a pursuer took to accept a tender could not be a relevant consideration in adjudicating on the expenses of a third party against whom it had no case and there was no basis on which the pursuer should be found liable for the third party's expenses; the third party's motion for expenses against the defender would also be refused as the course it took in lodging answers when there was no necessity for it to do so, and then refusing to honour the settlement terms reached with the defender, was on any analysis an unreasonable one.

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