Crawford v. Adams. Crawford v. Dunlop [1900] ScotLR 38_216 (21 December 1900)

Crawford v. Adams. Crawford v. Dunlop [1900] ScotLR 38_216 (21 December 1900)

Where separate actions against different defenders are tried together and represented by the same counsel, the successful pursuer is entitled to the whole expenses in the action in which he succeeds, and the successful defender is entitled to full expenses up to the date of trial and only to the proportion of expenses actually incurred after that date.

Citation
[1900] ScotLR 38_216
Parties
Pursuer: Crawford; Defender: Adams; Defender: Dunlop
Jurisdiction
Scotland
Judgment Date
21 December 1900
Procedural Posture
Civil Damages for Slander / Objections to Auditor's Report on Expenses After Jury Trial
Outcome
Objections to Auditor's report repelled; Auditor's allocation of expenses affirmed.
Legal Topics
Expenses, Slander, Joint Trial, Separate Defenders, Reparation
Civil Procedure Defamation Expenses Slander Joint Trial Separate Defenders Reparation

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Parties

Crawford

Pursuer

Adams

Defender

Dunlop

Defender

Procedural Posture

Civil Damages for Slander / Objections to Auditor's Report on Expenses After Jury Trial

Legal Issues

  1. 1 Entitlement to expenses where actions against separate defenders tried together and represented by same counsel; allocation of expenses where pursuer succeeds against one defender and not the other

Ratio Decidendi

Where separate actions against different defenders are tried together and represented by the same counsel, the successful pursuer is entitled to the whole expenses in the action in which he succeeds, and the successful defender is entitled to full expenses up to the date of trial and only to the proportion of expenses actually incurred after that date.

Court Disposition

Objections to Auditor's report repelled; Auditor's allocation of expenses affirmed.

Orders

  • Pursuer awarded full expenses in action against Adams.
  • Dunlop awarded full expenses up to trial and half expenses after trial in action where he succeeded.