Author Topic: Interesting costs / identification appeal case from Scotland  (Read 53 times)

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DrSatan

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Interesting costs / identification appeal case from Scotland
« on: January 22, 2025, 12:22:19 pm »
https://www.bailii.org/scot/cases/ScotSAC/Civ/2025/2025sacciv2.pdf

Keeper refused to name driver when 49 tickets had been racked up, sheriff said not doing so meant ECP were entitled to costs after it came out at court that the keeper's son was the driver. Appeal found in keeper's favour and changed decision so that neither party got expenses.

Of possibly more practical interest is paragraph 25 of the linked decision, where the sheriff principal said that in the absence of information to the contrary it was fair to infer that the keeper was the driver in light of the number of the tickets issued.

One for our Scottish users to bear in mind.

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