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#Post#: 54476--------------------------------------------------
Interesting costs / identification appeal case from Scotland
By: DrSatan Date: January 22, 2025, 6:22 am
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HTML 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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