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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> McWilliams v. Caledonian Wild Foods [2004] ScotCS 171 (01 June 2004) URL: http://www.bailii.org/scot/cases/ScotCS/2004/171.html Cite as: [2004] ScotCS 171 |
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OUTER HOUSE, COURT OF SESSION |
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OPINION OF LORD JOHNSTON in the cause JAMES McWILLIAMS Pursuer; against CALEDONIAN WILD FOODS LIMITED Defenders:
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Pursuer: McEachran, Q.C.; McKay & Norwell
Defenders: Hanretty et Charteris, Q.C.; Bishops
1 June 2004
I determined this matter after proof awarding damages to the pursuer in respect of the road traffic accident which he sustained injury, liability not being an issue.
As regards expenses, I determined that in the absence of any relevance of a tender and having effectively preferred the evidence, for the reasons I gave in my main opinion, of the defenders' expert as regards business losses allegedly sustained by the pursuer as a result of his injury, that some recognition should be given to the fact that much of the proof was devoted to that issue and the defenders had succeeded.
The proof took three days and it seemed to me that the appropriate way was to restrict the liability of the defenders to the pursuer in respect of the proof by one day, hence the award that I made. I was entirely operating on an arbitrary basis trying to reflect what I pursued to be the equities of the position.
