Tuesday, March 14th, 2017

Sanction for Employment of Senior Counsel in ASPIC

A motion, on behalf of a Pursuer, seeking sanction for employment of Senior Counsel has met with success before the All Scotland Personal Injury Court (ASPIC). 

Senior Counsel had been brought in to the case shortly before the pleadings were finalised and the motion sought sanction for the specific elements of work that Senior Counsel had undertaken before settlement terms were agreed.  The case involved complex/novel issues in relation to the merits and, it was argued, complex issues in connection with quantum.  Sanction for Junior Counsel in relation to the whole cause was not an issue.  The Defenders argued there was nothing exceptional about the case that a competent Junior Counsel could not deal with.  However, the Sheriff (McGowan) was persuaded that, in the particular circumstances of the case, the test in section 108 of the Court Reform (Scotland) Act 2014 had been met in relation to employment of Senior Counsel. 

It is understood that this is the first time that a motion seeking sanction for employment of Senior Counsel has been dealt with in ASPIC since its inception in September 2015.  Kate Bennett of Compass Chambers represented the Pursuer.

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