Wood v. Wood's Trustees [1904] ScotLR 41_489 (12 May 1904)

Wood v. Wood's Trustees [1904] ScotLR 41_489 (12 May 1904)

A separate action to recover expenses awarded in a previous action is incompetent; all questions of expenses must be determined in the original action where the expenses were incurred.

Citation
[1904] ScotLR 41_489
Parties
Pursuers and Reclaimers: James Wood and another; Defenders and Respondents: Wood's Trustees (trustees of the deceased John Wood)
Jurisdiction
Scotland
Judgment Date
12 May 1904
Procedural Posture
Civil / Reclaiming Motion (appeal) From Dismissal at First Instance
Outcome
Appeal dismissed; court adhered to the Lord Ordinary's decision.
Legal Topics
Expenses, Res Judicata, Competency of Actions
Civil Procedure Trusts and Estates Expenses Res Judicata Competency of Actions

Case Brief

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Parties

James Wood and another

Pursuers and Reclaimers

Wood's Trustees (trustees of the deceased John Wood)

Defenders and Respondents

Procedural Posture

Civil / Reclaiming Motion (appeal) From Dismissal at First Instance

Legal Issues

  1. 1 Whether a separate action is competent to recover expenses awarded in a previous action when no decree for taxed expenses was obtained in that action

Ratio Decidendi

A separate action to recover expenses awarded in a previous action is incompetent; all questions of expenses must be determined in the original action where the expenses were incurred.

Court Disposition

Appeal dismissed; court adhered to the Lord Ordinary's decision.

Orders

  • Action dismissed as incompetent