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“I preferred the rationale articulated by Sheriff Principal Stephen in the authority Jonathon Burns v Royal Mail Group Limited. In particular at para. 25 of her decision where she states. When a successful pursuer fails to recover his judicial expenses, this will have a negative impact on access to justice. It is an important principal that a successful pursuer is entitled to his expenses unless there are proper grounds for depriving him of part of them.”
“In this case the Pursuer will suffer the penalty of being denied the expenses of process from the date of the tender until it was accepted. Given it was accepted the day before a proof expenses will be considerable. In addition he will suffer the penalty of being denied expenses which his representatives would have been entitled to.”
“The insurer will have a minimum of three months from the date of specimen letter B to investigate the merits of the claim. No later than the end of that period, the insurer shall reply, stating whether liability is admitted or denied and giving reasons for their denial of liability, including any alternative version of events relied upon and all available documents in support of their position.”
“The principle upon which expenses are awarded is, that if any party is put to expense in vindicating his rights, he is entitled to recover it from the person by whom it was created unless there is something in his own conduct that gives him the character of an improper litigant in insisting on things which his title does not warrant.”
“The Voluntary Protocol if entered into will apply to all cases which include a claim for personal injury (excepting Clinical Negligence and Disease and Illness cases) and will apply not merely to the personal injury element of a claim but also to other heads of loss and damage. It is primarily designed for road traffic tripping and slipping and accident at work cases where the value of the claim is up to £10,000. The Protocol is voluntary and there is nothing to prevent parties by mutual agreement dealing with any claim of a higher value under the Protocol.”
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