Stevenson v. Sneddon [1900] ScotLR 38_138 (30 November 1900)

Stevenson v. Sneddon [1900] ScotLR 38_138 (30 November 1900)

Sneddon, by instigating, controlling, and financing the appeal to the Court of Session in his own interest and without Bennett's authority or interest, was the true dominus litis in the appeal and is accordingly liable for the pursuer's expenses in that appeal, but not for expenses in the Sheriff Court where his involvement did not amount to dominus litis.

Citation
[1900] ScotLR 38_138
Parties
Pursuer/respondent: William Stevenson junior; Defender/appellant: Robert Sneddon; Defender in Original Action (not Party to Present Appeal): Alexander Bennett
Jurisdiction
Scotland
Judgment Date
30 November 1900
Procedural Posture
Civil / Appeal From Sheriff Court to Court of Session Inner House, Second Division
Outcome
Appeal allowed in part; interlocutors of the lower courts recalled and varied.
Legal Topics
Expenses (costs), Dominus Litis, Feudal Law, Interdict (injunction), Liability for Litigation Costs
Civil Procedure Property Law Expenses (costs) Dominus Litis Feudal Law Interdict (injunction) Liability for Litigation Costs

Case Brief

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Parties

William Stevenson junior

Pursuer/respondent

Robert Sneddon

Defender/appellant

Alexander Bennett

Defender in Original Action (not Party to Present Appeal)

Procedural Posture

Civil / Appeal From Sheriff Court to Court of Session Inner House, Second Division

Legal Issues

  1. 1 Whether Robert Sneddon was the true dominus litis in the appeal to the Court of Session and thus liable for the pursuer's expenses; Whether Sneddon was liable for expenses incurred in the Sheriff Court as dominus litis.

Ratio Decidendi

Sneddon, by instigating, controlling, and financing the appeal to the Court of Session in his own interest and without Bennett's authority or interest, was the true dominus litis in the appeal and is accordingly liable for the pursuer's expenses in that appeal, but not for expenses in the Sheriff Court where his involvement did not amount to dominus litis.

Court Disposition

Appeal allowed in part; interlocutors of the lower courts recalled and varied.

Orders

  • Sneddon found liable to Stevenson for the expenses of the appeal to the Court of Session, taxed at £42, 13s. 6d., with interest.
  • Sneddon found liable in expenses in the Court of Session and the Sheriff Court.