H. R. Marsden, Ltd v. Alexander Brunton & Sons [1914] ScotLR 749 (30 June 1914)

H. R. Marsden, Ltd v. Alexander Brunton & Sons [1914] ScotLR 749 (30 June 1914)

The respondents are entitled only to two guineas of expenses because they did not communicate with the reclaimers before making preparations for the hearing; communication is generally required for a remit to the Auditor for full expenses.

Citation
[1914] ScotLR 749
Parties
Pursuer/respondent: H. R. Marsden, Limited; Defender/reclaimer: Alexander Brunton & Sons
Jurisdiction
Scotland
Judgment Date
30 June 1914
Procedural Posture
Reclaiming Note (appeal) / Motion for Withdrawal of Reclaiming Note and Determination of Expenses
Outcome
Respondents awarded two guineas of expenses; no remit to Auditor for full expenses.
Legal Topics
Expenses, Appeal, Withdrawal of Appeal, Reclaiming Note
Civil Procedure Expenses Appeal Withdrawal of Appeal Reclaiming Note

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Parties

H. R. Marsden, Limited

Pursuer/respondent

Alexander Brunton & Sons

Defender/reclaimer

Procedural Posture

Reclaiming Note (appeal) / Motion for Withdrawal of Reclaiming Note and Determination of Expenses

Legal Issues

  1. 1 What expenses are allowable to a respondent when a reclaiming note or appeal is withdrawn before hearing?
  2. 2 Is communication with the opposing party regarding printing of documents necessary for claiming full expenses?

Ratio Decidendi

The respondents are entitled only to two guineas of expenses because they did not communicate with the reclaimers before making preparations for the hearing; communication is generally required for a remit to the Auditor for full expenses.

Court Disposition

Respondents awarded two guineas of expenses; no remit to Auditor for full expenses.

Orders

  • Respondents to receive two guineas of expenses from reclaimers.