Glen's Trustees v. The Lancashire and Yorkshire Accident Insurance Co., Ltd [1906] ScotLR 44_1 (19 October 1906)

Copies of correspondence and precognitions sent to counsel in place of a memorial fall within the award of expenses and are recoverable, provided the cost is not excessive compared to a memorial.

Citation: [1906] ScotLR 44_1
Parties: Pursuers and Reclaimers: Francis Walter Allan and others, Thomas Glen's testamentary trustees; Defenders and Respondents: The Lancashire and Yorkshire Accident Insurance Company, Limited
Jurisdiction: Scotland
Judgment Date: 19 October 1906
Procedural Posture: Civil / Appeal on Taxation of Expenses
Outcome: Objections sustained; Auditor's report set aside in relevant part.
Legal Topics: Expenses, Process, Precognitions, Correspondence, Instruction of Counsel

Civil Procedure Insurance Law Expenses Process Precognitions Correspondence Instruction of Counsel

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Parties

Francis Walter Allan and others, Thomas Glen's testamentary trustees

Pursuers and Reclaimers

The Lancashire and Yorkshire Accident Insurance Company, Limited

Defenders and Respondents

Procedural Posture

Civil / Appeal on Taxation of Expenses

Legal Issues

1 Whether the cost of copies of correspondence and precognitions sent to counsel in place of a memorial is recoverable as an expense

Ratio Decidendi

Copies of correspondence and precognitions sent to counsel in place of a memorial fall within the award of expenses and are recoverable, provided the cost is not excessive compared to a memorial.

Court Disposition

Objections sustained; Auditor's report set aside in relevant part.

Orders

Defenders allowed the expenses of the discussion modified to two guineas.