Billig overruled

9 December 2008

The decision of the First Division in Billig v Law Society of Scotland 2008 SC 150, which indicated that the Court had a power, in its inherent jurisdiction, to fine parties for the late abandonment or settlement of an action, has been overruled. Following concerns in the profession as to the basis for the order made in Billig, the issue was re-considered by a Bench of Five Judges in the case of Moore v Scottish Daily Record. The Court decided that such an order is incompetent, and thus overruled Billig.

The Scottish Daily Record was represented by Roddy Dunlop of Axiom Advocates, and James Mure of Axiom was appointed as amicus curiae.

http://www.scotcourts.gov.uk/opinions/2008CSIH66.html