Boyd v. Hyslop [1903] ScotLR 40_869 (20 February 1903)

Boyd v. Hyslop [1903] ScotLR 40_869 (20 February 1903)

Compearing defenders are not liable for the expense of citing non-compearing defenders where such citation was unnecessary to the pursuer's remedy and the claim for expenses was limited to those who appeared and opposed.

Citation
[1903] ScotLR 40_869
Parties
Pursuer: Robert Boyd; Defenders: William Hyslop and William Hamilton Dunlop (and others, Justices of the Peace for Ayrshire)
Jurisdiction
Scotland
Judgment Date
20 February 1903
Procedural Posture
Civil (expenses Following Reduction Action) / Inner House Appeal (reclaiming Motion) on Expenses
Outcome
Interlocutor of Lord Ordinary recalled; objections to Auditor's report repelled; Auditor's report approved; decree for expenses limited to £79, 11s. 7d. against compearing defenders only.
Legal Topics
Expenses (costs) Liability, Joinder of Parties, Reduction of Administrative Acts
Civil Procedure Licensing Law Expenses (costs) Liability Joinder of Parties Reduction of Administrative Acts

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Parties

Robert Boyd

Pursuer

William Hyslop and William Hamilton Dunlop (and others, Justices of the Peace for Ayrshire)

Defenders

Procedural Posture

Civil (expenses Following Reduction Action) / Inner House Appeal (reclaiming Motion) on Expenses

Legal Issues

  1. 1 Are compearing defenders liable for expenses incurred by citing non-compearing defenders in a reduction action against licensing justices?

Ratio Decidendi

Compearing defenders are not liable for the expense of citing non-compearing defenders where such citation was unnecessary to the pursuer's remedy and the claim for expenses was limited to those who appeared and opposed.

Court Disposition

Interlocutor of Lord Ordinary recalled; objections to Auditor's report repelled; Auditor's report approved; decree for expenses limited to £79, 11s. 7d. against compearing defenders only.

Orders

  • Recall of Lord Ordinary's interlocutor on expenses.
  • Approval of Auditor's report disallowing expenses for citing all justices.