M'Govern v. West Calder Co-Operative Society, Ltd [1914] ScotLR 594 (13 May 1914)

M'Govern v. West Calder Co-Operative Society, Ltd [1914] ScotLR 594 (13 May 1914)

The Court decided as a matter of principle to disallow or reduce fees to opposing counsel for attending motions for a rule, thereby settling the practice regarding such expenses.

Citation
[1914] ScotLR 594
Parties
Pursuer: M'Govern; Defender: West Calder Co-Operative Society, Limited
Jurisdiction
Scotland
Judgment Date
13 May 1914
Procedural Posture
Expenses Taxation After Jury Trial / Approval of Auditor's Report on Expenses
Outcome
Fees to junior counsel for attending in Single Bills disallowed; fee to junior counsel for attending when rule was moved for reduced; fee to senior counsel disallowed.
Legal Topics
Expenses, Taxation of Costs, Jury Trial, Counsel Fees
Civil Procedure Expenses Taxation of Costs Jury Trial Counsel Fees

Case Brief

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Parties

M'Govern

Pursuer

West Calder Co-Operative Society, Limited

Defender

Procedural Posture

Expenses Taxation After Jury Trial / Approval of Auditor's Report on Expenses

Legal Issues

  1. 1 Whether fees to opposing counsel for attending motions for a rule should be allowed as expenses

Ratio Decidendi

The Court decided as a matter of principle to disallow or reduce fees to opposing counsel for attending motions for a rule, thereby settling the practice regarding such expenses.

Court Disposition

Fees to junior counsel for attending in Single Bills disallowed; fee to junior counsel for attending when rule was moved for reduced; fee to senior counsel disallowed.

Orders

  • Fee to junior counsel for attending in Single Bills disallowed.
  • Fee to junior counsel for attending when rule was moved for reduced from £6, 6s. to £2, 2s.