Alston & Orr v. Allan's Trustees [1910] ScotLR 255 (29 January 1910)

Alston & Orr v. Allan's Trustees [1910] ScotLR 255 (29 January 1910)

Reserved expenses are included in a general award of expenses unless specifically excepted at the time of the final order. However, expenses declared to be 'expenses in the cause' may be disallowed by the Auditor if the party was unsuccessful in that branch, in accordance with Article V of the General Regulations.

Citation
[1910] ScotLR 255
Parties
Pursuers: Alston & Orr; Defenders: Allan's Trustees
Jurisdiction
Scotland
Judgment Date
29 January 1910
Procedural Posture
Action of Reduction / Objections to Auditor's Report on Taxation of Expenses After Final Judgment
Outcome
Objections for both pursuers and defenders repelled; Auditor's report approved.
Legal Topics
Expenses, Taxation of Costs, Reserved Expenses, General Finding, Unsuccessful Party, Act of Sederunt 15th July 1876 Article V
Civil Procedure Expenses Taxation of Costs Reserved Expenses General Finding Unsuccessful Party Act of Sederunt 15th July 1876 Article V

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Parties

Alston & Orr

Pursuers

Allan's Trustees

Defenders

Procedural Posture

Action of Reduction / Objections to Auditor's Report on Taxation of Expenses After Final Judgment

Legal Issues

  1. 1 Whether reserved expenses are included under a general finding for expenses in favour of the successful party
  2. 2 Whether expenses declared to be 'expenses in the cause' can be disallowed by the Auditor if the party was unsuccessful in that branch

Ratio Decidendi

Reserved expenses are included in a general award of expenses unless specifically excepted at the time of the final order. However, expenses declared to be 'expenses in the cause' may be disallowed by the Auditor if the party was unsuccessful in that branch, in accordance with Article V of the General Regulations.

Court Disposition

Objections for both pursuers and defenders repelled; Auditor's report approved.

Orders

  • Objections for pursuers repelled.
  • Objections for defenders repelled.