No Winners In Costs Dispute

Sheriff McGowan's decision in the case of Dorota Tomczak v Nicholas Reid gives an indication as to how ASPIC will deal with cases that are litigated solely to resolve a dispute on costs. 

The claim arose from a straightforward road traffic accident; the pre-action protocol was agreed, liability was admitted, and damages were agreed at £4,700. However, settlement could not be achieved because the defender's insurers refused to meet the fees claimed for police and medical reports. Their request for further information was not answered and, instead, the claimant litigated. The defender immediately lodged a tender (part 36 offer) for the agreed sum. The tender was accepted and the case called in Court for an argument regarding the disputed outlays.