Baillie and Others v. Motherwell Licensing Court and Others [1917] ScotLR 218 (20 January 1917)

Baillie and Others v. Motherwell Licensing Court and Others [1917] ScotLR 218 (20 January 1917)

In the special circumstances of this case, involving numerous parties and complex issues, the employment of senior counsel to revise the summons was advisable and expedient, and the associated expenses should be allowed.

Citation
[1917] ScotLR 218
Parties
Pursuers: Daniel Baillie and others; Defenders: Motherwell Licensing Court and others
Jurisdiction
Scotland
Judgment Date
20 January 1917
Procedural Posture
Expenses Objection in Civil Litigation / Note of Objections to Auditor's Report
Outcome
Objection sustained; items taxed off by the Auditor allowed as expenses.
Legal Topics
Expenses, Taxation of Costs, Senior Counsel Fees
Civil Procedure Expenses Taxation of Costs Senior Counsel Fees

Case Brief

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Parties

Daniel Baillie and others

Pursuers

Motherwell Licensing Court and others

Defenders

Procedural Posture

Expenses Objection in Civil Litigation / Note of Objections to Auditor's Report

Legal Issues

  1. 1 Whether charges for revision of summons by senior counsel should be allowed as expenses in the special circumstances of the case

Ratio Decidendi

In the special circumstances of this case, involving numerous parties and complex issues, the employment of senior counsel to revise the summons was advisable and expedient, and the associated expenses should be allowed.

Court Disposition

Objection sustained; items taxed off by the Auditor allowed as expenses.

Orders

  • The Court allowed the items taxed off for senior counsel's revision of the summons.