The pursuer failed to disclose pertinent information on heads of costs pre-Tender, resulting in the Sheriff allocating expenses after that point to the insurer
A case fought by specialist insurance law firm Horwich Farrelly has brought clarification to the recovery of expenses in personal injury cases in a blow for those put to considerable expense defending unnecessary Court actions in Scotland.
In a decision from the specialist Personal Injury Court, a senior Sheriff clarified the approach of the Court in assessing such a situation, after an increased offer was made in a Tender due to the late disclosure of information.
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