Leo Hofford KC : Thomas Ward v ADR Network
Thomas Ward v ADR Network, judgment issued by the Sheriff Appeal Court on 15th December 2022. It is an interesting case because many practitioners in personal injury find they represent a pursuer up against two defenders, who accepts an offer from the first defender, and then finds the second defender is unwilling to contribute and tries to force the pursuer to abandon against them and pay the second defender their expenses – which may amount to as much or more than the settlement. Fortunately, I was successful in persuading the Sheriff Appeal Court to reverse the Sheriff’s decision on this and find in favour of the pursuer.