V (as parent and guardian of J (a child)) v M & D (Leisure) Ltd

Civil procedure – Personal injury – Expenses. Sheriff Court: In a personal injuries action involving a child which had settled and which called before the court on the pursuer's opposed motion to certify the cause as suitable for the employment of junior counsel (one of the first hearings in the All Scotland Personal Injury Court where the court had had to consider s 108 of the Courts Reform (Scotland) Act 2014 in the context of an opposed motion), the court, applying the new test under s 108, concluded that in all the circumstances of the case it was reasonable to sanction the employment of counsel for all the work he was instructed to do, at the time he was instructed to do it.

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