As anyone who has ever been involved in a court action will tell
you – litigation is expensive. No matter how
confident parties and their legal advisers are as to the merits of
a case, there is no guarantee of success. Parties may be
encouraged by the thought that if they are successful in a court
action, they will always recover their legal costs. But will
they?
While the award of any expenses is strictly a matter within the
discretion of the Court, expenses are normally awarded in favour of
the successful party. However, a recent case has highlighted
several issues relating to expenses.
Background
Penelope Uprichard sought to challenge the approval of a
proposed housing development, a business park and a science park in
the west of St. Andrews. Following two unsuccessful
challenges in the Court of Session she was ordered to pay her own
expenses, as well as those of the Scottish Minsters and Fife
Council. A total legal bill of £173,000.
