M'Gregor's Trustees v. Kimbell [1911] ScotLR 214 (19 December 1911)

The interlocutor, based on the parties' agreement, directed that all parties' expenses, including those of the trustees, be taxed as between party and party out of the accumulated funds, not as between agent and client.

Citation: [1911] ScotLR 214
Parties: First Parties (trustees): David Edward and another, trustees of the late James M'Gregor; Second Party (widow): Mrs Alice Jeffs or M'Gregor, now Kimbell
Jurisdiction: Scotland
Judgment Date: 19 December 1911
Procedural Posture: Special Case / Objection to Auditor's Taxation of Expenses Following Interlocutor
Outcome: Objection sustained; account remitted to Auditor to tax as between party and party.
Legal Topics: Expenses, Taxation of Costs, Trustee Liability, Intestacy

Trusts and Estates Civil Procedure Expenses Taxation of Costs Trustee Liability Intestacy

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Parties

David Edward and another, trustees of the late James M'Gregor

First Parties (trustees)

Mrs Alice Jeffs or M'Gregor, now Kimbell

Second Party (widow)

Procedural Posture

Special Case / Objection to Auditor's Taxation of Expenses Following Interlocutor

Legal Issues

1 Whether trustees' expenses should be taxed as between party and party or as between agent and client under the interlocutor

Ratio Decidendi

Court Disposition

Objection sustained; account remitted to Auditor to tax as between party and party.

Orders

Account of expenses remitted to Auditor for taxation as between party and party.