Brown v Aviva Insurance Ltd

Civil procedure – Personal injury – Expenses – Sanction for employment of counsel. Sheriff Appeal Court: Allowing an appeal in a summary cause action arising from a road traffic accident in which the sheriff found for the pursuer at proof but refused his motion for sanction for the employment of counsel, the court considered the general approach to be taken to the statutory provisions relating to sanction for counsel, held that the sheriff had erred by giving inadequate weight to a relevant factor, namely the importance of the matter to the pursuer, and concluded that in all the circumstances of the case it was reasonable for the pursuer to employ counsel.

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