Motion for Uncapped Expenses Granted Against the Highland Council.
"Manifestly Unreasonable Behaviour" & "Having Stated & Proceeding with a Defence has not Acted in Good Faith as to its Merits".
Given that apparently no note of reasons was required to be produced in this case, I am publishing some of my full motions for transparency reasons so people may understand the gravity of the behaviour by the Highland Council in INV-SM2-24.
Expenses rules of Simple Procedure in Scotland dictate that all claims with a value less than £3000 are normally capped.
s.81 of the Courts Reform (Scotland) Act 2014 provides limited circumstances wherein a party may make an application to the court to uncap the expenses in claims valued £3000 or less.
My claim being an action ad factum praestandom is by it's nature low value & representative of the value of the alternative crave. £2000 in this case.
Claimants motion requested that the court consider uncapping expenses in respect of the whole action under the following grounds:
(1) s.5(a)(III) the defender - having stated and proceeded with a defence, has not acted in good faith as its merits.
(2) s.5(b) a party to the case has behaved in a manner which is manifestly unreasonable in relation to the case.
That opposed motion was granted on 8 July 2025 as can be seen in the above order.
Earlier in the claim, on 10 January 2025, the Respondent, Highland Council was also found, ex proprio motu, liable for the Claimant's expenses as taxed in respect of that hearing. 👇
The irony that the Highland Council’s Justice Services department is a tenant in the Inverness Justice Centre providing key services in the court system yet, down in the court room in the same building they are getting rebuked for manifestly unreasonable behaviour and bad faith litigation tactics against a citizen litigant - an abuse of process - is a sure sign of things are out of control at the Highland Council.
25 in-house solicitors at the Highland Council and this is the standard being peddled out of Glenurquhart Road.