Thoms v. Thoms' Trustees and Others [1907] ScotLR 44_265 (10 January 1907)

Thoms v. Thoms' Trustees and Others [1907] ScotLR 44_265 (10 January 1907)

The Auditor's allowance of expenses for copies of precognitions and correspondence, and for fees to unexamined witnesses, was proper and within discretion, as these were necessary for effectively watching the case and could not have been hastily summoned due to the circumstances.

Citation
[1907] ScotLR 44_265
Parties
Pursuer: Alfred Patrick Macthomas Thoms and others; Defender: William Alexander Wood (Thoms' Trustee); Defender: Provost, Magistrates, and Council of the Royal Burgh of Kirkwall and Others
Jurisdiction
Scotland
Judgment Date
10 January 1907
Procedural Posture
Action for Reduction of Trust Disposition and Settlement / Objections to Auditor's Report on Expenses After Jury Verdict and Interlocutor
Outcome
Objections repelled; Auditor's report approved
Legal Topics
Expenses, Proof, Jury Trial, Witnesses, Precognitions, Watching Fee
Civil Procedure Trusts and Estates Expenses Proof Jury Trial Witnesses Precognitions Watching Fee

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Parties

Alfred Patrick Macthomas Thoms and others

Pursuer

William Alexander Wood (Thoms' Trustee)

Defender

Provost, Magistrates, and Council of the Royal Burgh of Kirkwall and Others

Defender

Procedural Posture

Action for Reduction of Trust Disposition and Settlement / Objections to Auditor's Report on Expenses After Jury Verdict and Interlocutor

Legal Issues

  1. 1 Whether charges for copies of precognitions and correspondence are properly included under expenses of watching the case
  2. 2 Whether fees to and cost of precognitions of witnesses not actually examined are a proper charge against the unsuccessful party

Ratio Decidendi

The Auditor's allowance of expenses for copies of precognitions and correspondence, and for fees to unexamined witnesses, was proper and within discretion, as these were necessary for effectively watching the case and could not have been hastily summoned due to the circumstances.

Court Disposition

Objections repelled; Auditor's report approved

Orders

  • Auditor's report on accounts approved
  • Objections to Auditor's report repelled