Free and others v British Steel Plc and Another: SCS 18 Jul 2003

(Outer House) The pursuer had sought damages from the defender, but failed to submit the claim for expenses. The defenders said they were prejudiced by the delay.
Held: ‘Comparing the prejudice the pursuers would suffer, were the motion to be refused, with that which the defenders will face, if the motion is granted, I am satisfied that I should exercise my discretion in favour of the pursuers and grant the motion.’
Lord Mackay Of Drumadoon
[2003] ScotCS 205
CitedUCB Bank Plc v Dundas and Wilson SCS 1990
It would not be competent for the Court of Session to restrict the pursuers’ entitlement to a fraction or percentage of the sums brought out as being payable in terms of the accounts, after they had been taxed by the Auditor. . .
CitedWilliam Copland Taylor v Marshalls Food Group (2) OHCS 6-Nov-1998
The First Division held that section 5 had not authorised the Court to enact a Rule of Court that entitled a pursuer, who had lodged and beaten a ‘pursuer’s offer’, to payment of a sum equal to the taxed amount of the expenses of process. The Rule . .

Lists of cited by and citing cases may be incomplete.
Updated: 29 August 2021; Ref: scu.184667