Sommerville & Son, Ltd v. Edinburgh and District Water Trustees [1907] ScotLR 44_267 (11 January 1907)

Sommerville & Son, Ltd v. Edinburgh and District Water Trustees [1907] ScotLR 44_267 (11 January 1907)

A party seeking agent and client expenses under the Public Authorities Protection Act 1893 must make a motion at the time expenses are generally claimed; failure to do so excludes such claim.

Citation
[1907] ScotLR 44_267
Parties
Pursuer: Sommerville & Son, Limited; Defender: Edinburgh and District Water Trustees
Jurisdiction
Scotland
Judgment Date
11 January 1907
Procedural Posture
Petition to Apply House of Lords Judgment and Motion for Expenses / Post Final Judgment, Court of Session Inner House Second Division
Outcome
petition refused in so far as it sought agent and client taxation of expenses
Legal Topics
Expenses, Public Authorities Protection Act 1893, Agent and Client Costs, Procedural Timing
Civil Procedure Administrative Law Expenses Public Authorities Protection Act 1893 Agent and Client Costs Procedural Timing

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Parties

Sommerville & Son, Limited

Pursuer

Edinburgh and District Water Trustees

Defender

Procedural Posture

Petition to Apply House of Lords Judgment and Motion for Expenses / Post Final Judgment, Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether defenders are entitled to have expenses taxed as between agent and client under Public Authorities Protection Act 1893, section 1(b), when no motion was made at the time of judgment

Ratio Decidendi

A party seeking agent and client expenses under the Public Authorities Protection Act 1893 must make a motion at the time expenses are generally claimed; failure to do so excludes such claim.

Court Disposition

petition refused in so far as it sought agent and client taxation of expenses

Orders

  • Prayer to direct Auditor of Court to tax defenders' expenses as between agent and client refused