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Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injury action in which the pursuer rejected the defender's offer to settle his claim and commenced proceedings, and then, the day before the case was to proceed to proof accepted a tender for £4,000 less than the pre-litigation offer, which had included expenses in terms of Voluntary Pre-action Protocol, the court held that the sheriff had erred in following the normal rule and finding the pursuer entitled to expenses to the date of tender and the defender to expenses from that date: there was a degree of unreasonableness in the pursuer's action in commencing proceedings which required that the defender should only be found liable for modified judicial expenses.
Civil procedure – Personal injury – Expenses – Voluntary pre-action protocol. Sheriff Court: In a personal injury action in which the pursuer rejected the defender's offer to settle his claim and commenced proceedings, and then, the day before the case was to proceed to proof accepted a tender for £4,000 less than the pre-litigation offer, which had included expenses in terms of Voluntary Pre-action Protocol, the court held that the sheriff had erred in following the normal rule and finding the pursuer entitled to expenses to the date of tender and the defender to expenses from that date: there was a degree of unreasonableness in the pursuer's action in commencing proceedings which required that the defender should only be found liable for modified judicial expenses.
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