Prospect Healthcare (Hairmyres) Ltd v Keir Build Ltd

Civil procedure – Expenses – Liability to pay third party's expenses. Court of Session: Refusing a reclaiming motion in a commercial action in which the pursuer ultimately abandoned its claims against the defender and duly paid the defender's expenses, and the defender did likewise in relation to its claim against the third party, which it had convened, the court rejected arguments that the commercial judge had erred in failing to exercise his discretion, misdirected himself in law and reached an unreasonable decision in refusing the defender's motion to recover from the pursuer the expenses for which it had been found liable to the third party, against whom the pursuer had not directed a case; the judge had taken into account the relevant circumstances and had reached a reasonable decision in applying the correct principle, within his overarching discretionary power, to those circumstances.

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