Webster v MacLeod

Civil procedure – Expenses – Certification of skilled witness. Sheriff Appeal Court: Refusing an appeal in a personal injuries action which was disposed of by means of minutes of tender and acceptance but in which the sheriff refused to certify a consultant in accident and emergency medicine instructed by the pursuer as skilled person, although the court differed in part from the sheriff in the interpretation of the relevant rule it did not disagree with the conclusion he reached on the basis of the information before him: there was nothing to show that the decision to instruct the consultant at the time at which it was done was about the matters likely to be in issue which made his instruction a reasonable step to take at that point.

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