Jack v. Black [1911] ScotLR 586 (15 March 1911)

Jack v. Black [1911] ScotLR 586 (15 March 1911)

The defender is entitled to expenses incurred in preparing for trial from the date when it was reasonable to expect the pursuer to have accepted the tender (22nd February 1911), as the pursuer had sufficient time to consider the tender by then. The pursuer is entitled to expenses up to the date of the tender (10th February 1911).

Citation
[1911] ScotLR 586
Parties
Pursuer (respondent): Jack; Defender (reclaimer): Black
Jurisdiction
Scotland
Judgment Date
15 March 1911
Procedural Posture
Action of Damages for Wrongous Use of Diligence / Reclaiming Note Against Interlocutor on Expenses After Acceptance of Tender
Outcome
Lord Ordinary's interlocutor as to expenses recalled; new order as to allocation of expenses issued.
Legal Topics
Expenses, Tender, Delay in Accepting Tender, Taxation of Judicial Accounts
Civil Procedure Damages Expenses Tender Delay in Accepting Tender Taxation of Judicial Accounts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jack

Pursuer (respondent)

Black

Defender (reclaimer)

Procedural Posture

Action of Damages for Wrongous Use of Diligence / Reclaiming Note Against Interlocutor on Expenses After Acceptance of Tender

Legal Issues

  1. 1 Whether the defender is entitled to expenses incurred between the date a tender ought reasonably to have been accepted and its actual acceptance
  2. 2 What constitutes a reasonable time for acceptance of a tender

Ratio Decidendi

The defender is entitled to expenses incurred in preparing for trial from the date when it was reasonable to expect the pursuer to have accepted the tender (22nd February 1911), as the pursuer had sufficient time to consider the tender by then. The pursuer is entitled to expenses up to the date of the tender (10th February 1911).

Court Disposition

Lord Ordinary's interlocutor as to expenses recalled; new order as to allocation of expenses issued.

Orders

  • Pursuer entitled to expenses up to 10th February 1911 (date of tender).
  • Defender entitled to expenses (if any) incurred subsequent to 22nd February 1911.