Laing v Scottish Arts Council [2000] ScotCS 319 (15 December 2000)

Laing v Scottish Arts Council [2000] ScotCS 319 (15 December 2000)

Rule of Court 4.15(6) does not empower the Lord Ordinary to alter the substance of an interlocutor after final judgment; the old rule requiring all expenses to be disposed of with the merits unless reserved survives statutory repeal; the Lord Ordinary was functus officio regarding expenses not expressly reserved, and the defenders' motion for further expenses was incompetent and should have been refused.

Citation
[2000] ScotCS 319
Parties
Pursuer and Reclaimer: Elizabeth Murray Laing; Defenders and Respondents: Scottish Arts Council
Jurisdiction
Scotland
Judgment Date
15 December 2000
Procedural Posture
Reparation (personal Injury) / Reclaiming Motion (appeal) Against Interlocutor on Expenses
Outcome
Reclaiming motion allowed; interlocutor of 16 November recalled.
Legal Topics
Expenses (costs), Functus Officio, Correction or Alteration of Interlocutors, Tender and Acceptance Procedure
Civil Procedure Employment Law Expenses (costs) Functus Officio Correction or Alteration of Interlocutors Tender and Acceptance Procedure

Case Brief

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Parties

Elizabeth Murray Laing

Pursuer and Reclaimer

Scottish Arts Council

Defenders and Respondents

Procedural Posture

Reparation (personal Injury) / Reclaiming Motion (appeal) Against Interlocutor on Expenses

Legal Issues

  1. 1 Whether the Lord Ordinary had power under Rule of Court 4.15(6) to alter the substance of an interlocutor after decerniture for expenses
  2. 2 Whether the court was functus officio regarding expenses not expressly reserved after final interlocutor
  3. 3 Whether the old rule requiring all expenses to be disposed of with the merits survived statutory repeal

Ratio Decidendi

Rule of Court 4.15(6) does not empower the Lord Ordinary to alter the substance of an interlocutor after final judgment; the old rule requiring all expenses to be disposed of with the merits unless reserved survives statutory repeal; the Lord Ordinary was functus officio regarding expenses not expressly reserved, and the defenders' motion for further expenses was incompetent and should have been refused.

Court Disposition

Reclaiming motion allowed; interlocutor of 16 November recalled.

Orders

  • Interlocutor of 16 November 1999 recalled.
  • Defenders' motion for further expenses refused.