Nobel's Explosives Co., Ltd v. The British Dominions General Insurance Co., Ltd [1919] ScotLR 298 (20 March 1919)

Nobel's Explosives Co., Ltd v. The British Dominions General Insurance Co., Ltd [1919] ScotLR 298 (20 March 1919)

On abandonment under section 10 of the Judicature Act 1825, the defender is entitled only to expenses as between party and party as if the action had terminated in their favour, and not to restitution of sums already paid to the pursuer or to expenses of unsuccessful applications. The established practice and authority support this interpretation, and the reclaiming note is refused.

Citation
[1919] ScotLR 298
Parties
Pursuer: Nobel's Explosives Company, Limited; Defender: The British Dominions General Insurance Company, Limited
Jurisdiction
Scotland
Judgment Date
20 March 1919
Procedural Posture
Civil / Reclaiming Note (appeal) Against Lord Ordinary's Decision on Expenses After Minute of Abandonment
Outcome
Reclaiming note refused; Lord Ordinary's decision affirmed.
Legal Topics
Expenses, Abandonment of Action, Interpretation of 'full Expenses' Under Judicature Act 1825, Party and Party Expenses
Civil Procedure Insurance Law Expenses Abandonment of Action Interpretation of 'full Expenses' Under Judicature Act 1825 Party and Party Expenses

Case Brief

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Parties

Nobel's Explosives Company, Limited

Pursuer

The British Dominions General Insurance Company, Limited

Defender

Procedural Posture

Civil / Reclaiming Note (appeal) Against Lord Ordinary's Decision on Expenses After Minute of Abandonment

Legal Issues

  1. 1 Whether 'full expenses or costs' under section 10 of the Judicature Act 1825 entitles a defender to all expenses incurred, including repayment of expenses previously paid to the pursuer and expenses of unsuccessful applications, upon abandonment of the action by the pursuer.

Ratio Decidendi

On abandonment under section 10 of the Judicature Act 1825, the defender is entitled only to expenses as between party and party as if the action had terminated in their favour, and not to restitution of sums already paid to the pursuer or to expenses of unsuccessful applications. The established practice and authority support this interpretation, and the reclaiming note is refused.

Court Disposition

Reclaiming note refused; Lord Ordinary's decision affirmed.

Orders

  • Defenders' objections to Auditor's report repelled.
  • Expenses to be taxed as between party and party only; no restitution of sums already paid to pursuers or expenses of unsuccessful applications.