Sanction for Counsel In ASPIC
A recent decision gave some further helpful guidance as to the circumstances in which it may be possible to have sanction for employment of counsel granted in cases calling before the All Scotland Personal Injury Court.
The pursuer in the case of Carlo Capuano -v- William Gannon sought sanction to employ counsel on the grounds of equality of arms in view of the fact that the Defender’s agent was an experienced Solicitor Advocate. It was also argued that the nature of the facts in dispute in the case made it appropriate to employ counsel.
The Sheriff accepted that the facts disputed were unusual in some respects and also that equality of arms should recognise that even an experienced solicitor should not be viewed as having the same level of expertise in examine witnesses and presenting a case in court as an advocate or solicitor advocate who hold themselves out as having specific expertise in such matters. Consequently, sanction for employment of counsel was granted.
Carlo Capuano -v- William Gannon (PN1959-18)
9 th September 2019 Opposed Motion Hearing before Sheriff Liddle
Robin Cleland, Adv on instruction by Allan McDougall for the Pursuer
Stephen Blane (Sol Ad), Urquharts for the Defender