Brown v Aviva Insurance

Civil procedure – Personal injury – Expenses – Sanction for employment of counsel. Sheriff Court: In an action for damages for whiplash injuries sustained in road traffic accident in which the court granted decree in the pursuer's favour for the agreed sum of £1,823, together with expenses on the summary cause scale, it refused the pursuer's opposed motion to have the action certified as suitable for the appointment of junior counsel, holding that although the action was of considerable importance to the pursuer, he and his agents chose to instruct counsel, not because of the importance of the claim but because the defenders had advised them shortly before the proof that they had instructed counsel to conduct the proof on their behalf; and the defenders decision to instruct an experienced counsel was not something which would have given them an unfair advantage as it would have been possible for a solicitor to have conducted a straightforward case like this on behalf of the pursuer on an equal basis.

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