Barrie v. Caledonian Railway Co. [1902] ScotLR 40_50 (01 November 1902)

Barrie v. Caledonian Railway Co. [1902] ScotLR 40_50 (01 November 1902)

The conduct of the Caledonian Railway Company in refusing to allow their servants to be precognosced and failing to provide necessary information caused the pursuer to raise the action and incur expenses; therefore, despite being unsuccessful, the pursuer is entitled to expenses.

Citation
[1902] ScotLR 40_50
Parties
Pursuer: George Barrie; Defender: Caledonian Railway Company
Jurisdiction
Scotland
Judgment Date
01 November 1902
Procedural Posture
Action of Damages / Appeal on Expenses After Sheriff and Sheriff Substitute Decisions
Outcome
Appeal dismissed; interlocutor of Sheriff adhered to; pursuer awarded expenses and payment of admitted sum.
Legal Topics
Expenses, Costs, Carrier Liability, Wilful Misconduct, Pre Action Conduct
Civil Procedure Contract Law Tort Law Expenses Costs Carrier Liability Wilful Misconduct Pre Action Conduct

Case Brief

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Parties

George Barrie

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Action of Damages / Appeal on Expenses After Sheriff and Sheriff Substitute Decisions

Legal Issues

  1. 1 Whether an unsuccessful party may be awarded expenses due to the conduct of the successful party
  2. 2 Whether refusal to allow precognition of witnesses justifies awarding expenses against a successful party

Ratio Decidendi

The conduct of the Caledonian Railway Company in refusing to allow their servants to be precognosced and failing to provide necessary information caused the pursuer to raise the action and incur expenses; therefore, despite being unsuccessful, the pursuer is entitled to expenses.

Court Disposition

Appeal dismissed; interlocutor of Sheriff adhered to; pursuer awarded expenses and payment of admitted sum.

Orders

  • Defenders to pay pursuer the sum of £11, 6s. 3d. admitted to be due.
  • Respondent (pursuer) entitled to expenses.