Warrand v. Watson and Others [1907] ScotLR 44_311 (16 January 1907)

Warrand v. Watson and Others [1907] ScotLR 44_311 (16 January 1907)

A motion for joint and several liability for expenses must be made at the time expenses are sought; it is too late to raise the issue for the first time on the Auditor's report. The general practice and understanding require explicit request for joint and several liability.

Citation
[1907] ScotLR 44_311
Parties
Complainer: Warrand; Respondents (defenders Against Whom Interdict Was Pronounced): Watson and Others (A, B, C, D); Respondents (defenders Against Whom Interdict Was Refused): E, F, G, H
Jurisdiction
Scotland
Judgment Date
16 January 1907
Procedural Posture
Petition of Suspension and Interdict / Motion for Decree of Expenses After Auditor's Report
Outcome
Motion for joint and several decree for expenses refused.
Legal Topics
Expenses, Joint and Several Liability, Interdict, Practice and Procedure
Civil Procedure Expenses Joint and Several Liability Interdict Practice and Procedure

Case Brief

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Parties

Warrand

Complainer

Watson and Others (A, B, C, D)

Respondents (defenders Against Whom Interdict Was Pronounced)

E, F, G, H

Respondents (defenders Against Whom Interdict Was Refused)

Procedural Posture

Petition of Suspension and Interdict / Motion for Decree of Expenses After Auditor's Report

Legal Issues

  1. 1 Whether a general finding of expenses against several defenders implies joint and several liability or only pro rata liability
  2. 2 Whether it is competent to move for joint and several liability for expenses at the stage of the Auditor's report

Ratio Decidendi

A motion for joint and several liability for expenses must be made at the time expenses are sought; it is too late to raise the issue for the first time on the Auditor's report. The general practice and understanding require explicit request for joint and several liability.

Court Disposition

Motion for joint and several decree for expenses refused.

Orders

  • Approve of the Auditor's report on the complainer's account of expenses.
  • Decern against respondents A, B, C, D for payment to the complainer of the taxed amount thereof.