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Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injury action in which the pursuer's solicitors sent a letter of claim to the defender's insurers proposing that the claim be negotiated in terms of the voluntary pre-action protocol, of which the insurers were signatories, and then raised the action without further warning after receiving no reply within 21 days, and the sheriff found no expenses were due to or by either party after the action settled, taking the view that a further warning letter was required, the court held that the sheriff's approach was erroneous; where it was accepted that adherence to the protocol reflected the normal and reasonable approach there was a risk of causing uncertainty and undermining confidence in the protocol if the court superimposed additional requirements such as that suggested by the sheriff.
Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injury action in which the pursuer's solicitors sent a letter of claim to the defender's insurers proposing that the claim be negotiated in terms of the voluntary pre-action protocol, of which the insurers were signatories, and then raised the action without further warning after receiving no reply within 21 days, and the sheriff found no expenses were due to or by either party after the action settled, taking the view that a further warning letter was required, the court held that the sheriff's approach was erroneous; where it was accepted that adherence to the protocol reflected the normal and reasonable approach there was a risk of causing uncertainty and undermining confidence in the protocol if the court superimposed additional requirements such as that suggested by the sheriff.
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