Devine v Laurie

Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injuries action in which the pursuer had accepted the defenders' tender of £13,000 and in which the pursuer's motion for expenses was opposed, the court held that the voluntary pre-action protocol was not engaged and that although the raising of the action was justified, the pursuer's expenses should be modified by 20% on the basis that settlement of the claim was delayed by non-disclosure of the medical reports on the pursuer and thus the defender's insurers were put to more expense than they would otherwise have been.

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