Macleod's Factor v. Busfeild and Others [1914] ScotLR 13 (24 October 1914)

Macleod's Factor v. Busfeild and Others [1914] ScotLR 13 (24 October 1914)

The Crown, when engaged in civil litigation, is to be treated in matters of expenses exactly as a subject, and a reclaiming note by the Crown on expenses only is competent. However, the Court will not interfere with the Lord Ordinary's discretion on expenses unless there is clear error or injustice, which was not demonstrated in this case.

Citation
[1914] ScotLR 13
Parties
Pursuer and Real Raiser: Charles John Munro, judicial factor on the trust estate of the late Miss Mary Macleod of Springbank, Tobermory; Defenders: Miss Margaret Annie Busfeild and others; Defender (reclaimer): The Right Honourable Robert Munro, K.C., His Majesty's Advocate for Scotland, as representing His Majesty as ultimus hæres and His Majesty's Exchequer
Jurisdiction
Scotland
Judgment Date
24 October 1914
Procedural Posture
Multiplepoinding (civil) / Reclaiming Note (appeal) on Expenses Only
Outcome
Reclaiming note refused; interlocutor of the Lord Ordinary affirmed.
Legal Topics
Expenses, Competency of Appeal, Crown as Litigant
Civil Procedure Crown Law Expenses Competency of Appeal Crown as Litigant

Case Brief

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Parties

Charles John Munro, judicial factor on the trust estate of the late Miss Mary Macleod of Springbank, Tobermory

Pursuer and Real Raiser

Miss Margaret Annie Busfeild and others

Defenders

The Right Honourable Robert Munro, K.C., His Majesty's Advocate for Scotland, as representing His Majesty as ultimus hæres and His Majesty's Exchequer

Defender (reclaimer)

Procedural Posture

Multiplepoinding (civil) / Reclaiming Note (appeal) on Expenses Only

Legal Issues

  1. 1 Whether the Crown is to be treated as a subject in matters of expenses in civil litigation
  2. 2 Competency of a reclaiming note by the Crown on expenses only

Ratio Decidendi

The Crown, when engaged in civil litigation, is to be treated in matters of expenses exactly as a subject, and a reclaiming note by the Crown on expenses only is competent. However, the Court will not interfere with the Lord Ordinary's discretion on expenses unless there is clear error or injustice, which was not demonstrated in this case.

Court Disposition

Reclaiming note refused; interlocutor of the Lord Ordinary affirmed.

Orders

  • The interlocutor of the Lord Ordinary finding His Majesty's Advocate liable in expenses is affirmed.