M'Clymont v. Glasgow Corporation [1913] ScotLR 549 (19 March 1913)

M'Clymont v. Glasgow Corporation [1913] ScotLR 549 (19 March 1913)

Where a case has reached the stage of proof in the Sheriff Court and is then remitted to the Court of Session, the expenses of precognitions and medical reports incurred in the Sheriff Court are recoverable, even if a tender is accepted before adjustment of issues in the Court of Session, as the procedural stage is equivalent.

Citation
[1913] ScotLR 549
Parties
Pursuer: Mrs E. Aitken or M'Clymont; Curator and Administrator in Law for Pursuer: John M'Clymont; Defenders: Glasgow Corporation
Jurisdiction
Scotland
Judgment Date
19 March 1913
Procedural Posture
Civil Damages for Personal Injury / Post Tender, Taxation of Expenses
Outcome
Objections repelled; Auditor's report approved; defenders liable for taxed expenses including precognitions and medical reports.
Legal Topics
Expenses, Taxation of Costs, Preparation for Proof, Tender and Acceptance, Sheriff Court Procedure
Civil Procedure Personal Injury Expenses Taxation of Costs Preparation for Proof Tender and Acceptance Sheriff Court Procedure

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Parties

Mrs E. Aitken or M'Clymont

Pursuer

John M'Clymont

Curator and Administrator in Law for Pursuer

Glasgow Corporation

Defenders

Procedural Posture

Civil Damages for Personal Injury / Post Tender, Taxation of Expenses

Legal Issues

  1. 1 Whether expenses for precognitions and medical reports obtained in the Sheriff Court are recoverable after acceptance of a tender in the Court of Session.

Ratio Decidendi

Where a case has reached the stage of proof in the Sheriff Court and is then remitted to the Court of Session, the expenses of precognitions and medical reports incurred in the Sheriff Court are recoverable, even if a tender is accepted before adjustment of issues in the Court of Session, as the procedural stage is equivalent.

Court Disposition

Objections repelled; Auditor's report approved; defenders liable for taxed expenses including precognitions and medical reports.

Orders

  • Objections to Auditor's report disallowed.
  • Auditor's report approved.