Frost & Anor v Unity Trust Bank Plc [1999] ScotCS 38 (2 February 1999)

Frost & Anor v Unity Trust Bank Plc [1999] ScotCS 38 (2 February 1999)

The Lord Ordinary was entitled to proceed on the basis that 'full judicial expenses' included Inner House expenses, as no party objected or argued otherwise at any stage; the matter should be remitted for determination of the Notes of Objection on that basis.

Citation
[1999] ScotCS 38
Parties
Pursuer: Martin Frost; Pursuer: Linda Frost; Defender: Unity Trust Bank PLC
Jurisdiction
Scotland
Judgment Date
02 February 1999
Procedural Posture
Reclaiming Motion (appeal) / Remit to Lord Ordinary for Determination of Notes of Objection on Expenses
Outcome
Remitted to Lord Ordinary for determination of Notes of Objection on expenses, on basis that 'full judicial expenses' includes Inner House expenses.
Legal Topics
Expenses, Abandonment of Action, Jurisdiction Over Costs
Civil Procedure Expenses Abandonment of Action Jurisdiction Over Costs

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Parties

Martin Frost

Pursuer

Linda Frost

Pursuer

Unity Trust Bank PLC

Defender

Procedural Posture

Reclaiming Motion (appeal) / Remit to Lord Ordinary for Determination of Notes of Objection on Expenses

Legal Issues

  1. 1 Whether the Lord Ordinary had power to award expenses for Inner House procedure when action was abandoned
  2. 2 Whether 'full judicial expenses' includes Inner House expenses

Ratio Decidendi

The Lord Ordinary was entitled to proceed on the basis that 'full judicial expenses' included Inner House expenses, as no party objected or argued otherwise at any stage; the matter should be remitted for determination of the Notes of Objection on that basis.

Court Disposition

Remitted to Lord Ordinary for determination of Notes of Objection on expenses, on basis that 'full judicial expenses' includes Inner House expenses.

Orders

  • Remit to Lord Ordinary to deal with Notes of Objection on expenses including Inner House expenses.