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This article was co-authored by Kirsty MacIver, Trainee Solicitor, Edinburgh.

Following from the recent decision of McInnes v EUI Limited [21.07.23], the All Scotland Court doubles down on its censure of conduct failing to adhere to the spirit of the rules.

Background

The action arose from a road traffic accident on 4 November 2018. The pursuer intimated the claim to the defender on 6 November 2018 who admitted liability on 22 November 2018. The pursuer then raised proceedings on 27 October 2021. The action was sisted (paused) in January 2022 for six months before settlement was agreed in November 2022 when the pursuer accepted the defender's tender (Part 36 offer).

The pursuer's motion for expenses of the action on the judicial scale was opposed by the defender.