Is The Tide Turning? Sanction For Counsel Refused Again

The Sheriff Personal Injury Court has recently issued two decisions refusing sanction; Sheriff Mackie's in McKenzie v McCormack and now an unpublished decision issued by Sheriff McGowan last week in McCracken v Kazanowski. McKenzie is the only published refusal of sanction since the new court was created two years ago and there were very few, if any, applications refused before that. These recent decisions are a sign that sanction is not always a given; and it may be that the direction of travel has changed.

McCracken v Kazanowski arose from a road traffic collision. The claimant was a passenger in a stationary vehicle that was involved in a rear end collision. Liability was admitted pre-litigation. The claimant suffered minor injuries and each party obtained reports by orthopaedic and engineering experts. The crux of the dispute was whether or not the collision had been significant enough to cause the claimant's injury. In support of the argument that the pursuer