Curator Ad Litem’S Charges

Where a curator ad litem is appointed on behalf of a pursuer, the remuneration of the curator ad litem can be properly included in the judicial account of expenses as an expense of process. The curator ad litem is entitled to receive professional remuneration for examining and superintending the proceedings.

A curator ad litem cannot be made personally liable to any opponent for expenses and is invariably entitled to an award of expenses even though he is unsuccessful. The recovery of the curator’s charges will be made on a complete indemnity basis from any source available.

A curator’s appointment commences following a motion being granted by the court to appoint the curator and the administration of the oath de fideli administratione officii.

Restoration Of Company To The Register

It is often necessary for the pursuer’s agent, in an action for damages, to restore a defender company to the Companies Register. It should be noted that the cost of the restoration proceedings is not a proper expense within the damages action. It is necessary for a separate judicial account of expenses to be prepared in respect of the recovery process and for that account to be incorporated within the pursuer’s claim as a separate head of claim. It follows that the author of the account in the restoration process would then be a witness on behalf of the pursuer at proof should it not be possible to agree the restoration costs.

Expenses Awards And Road Traffic Act Insurers:

Lisa Clarke v Robert Keenan, involves a decision of Sheriff Braid in the All- Scotland Personal Injury Court (ASPIC). This is an unusual case where the defender had not entered the process but his insurers, Sky Fire Insurance Company, had entered the process as party minuters. They had refused to indemnify the defender. However, they had the writ intimated to them under s. 151 of the Road Traffic Act 1988, which they believed would require them to satisfy any judgment against the defender.

The pursuer had moved the court to grant decree in absence against the defender for a sum just over £5,000 together with expenses as taxed, including certification of a skilled person and dismissal in favour of the party minuters with no expenses due to or by them.