Lindsay v. J. & G. Cox, Ltd [1906] ScotLR 44_80 (24 November 1906)

Lindsay v. J. & G. Cox, Ltd [1906] ScotLR 44_80 (24 November 1906)

The Sheriff-Substitute is bound to fix and award the amount of expenses at the time of disposing of the complaint, but may, before doing so, remit the account to the Auditor for taxation and report, and adjourn the diet if necessary. The respondent's expenses are not limited or regulated by section 4 and Schedule A of the 1881 Act, but are to be such as the Court considers reasonable.

Citation
[1906] ScotLR 44_80
Parties
Appellant/respondent in Sheriff Court: J. & G. Cox, Limited; Respondent/complainer in Sheriff Court: Henry Inglis Lindsay
Jurisdiction
Scotland
Judgment Date
24 November 1906
Procedural Posture
Appeal (stated Case) From Sheriff Court / Inner House, Second Division, Court of Session
Outcome
Appeal allowed; Sheriff-Substitute's interlocutor recalled; case remitted to Sheriff-Substitute to award reasonable expenses to appellants/respondents and assoilzie them anew.
Legal Topics
Expenses in Summary Proceedings, Limitation of Expenses, Remit to Auditor, Interpretation of Summary Jurisdiction (scotland) Act 1881
Civil Procedure Administrative Law Expenses in Summary Proceedings Limitation of Expenses Remit to Auditor Interpretation of Summary Jurisdiction (scotland) Act 1881

Case Brief

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Parties

J. & G. Cox, Limited

Appellant/respondent in Sheriff Court

Henry Inglis Lindsay

Respondent/complainer in Sheriff Court

Procedural Posture

Appeal (stated Case) From Sheriff Court / Inner House, Second Division, Court of Session

Legal Issues

  1. 1 1. Is the Sheriff-Substitute bound to award and fix the amount of expenses due to the appellants at the time of disposing of the complaint, or may he remit the account to the Auditor for taxation and report?
  2. 2 2. Must a successful respondent's expenses be limited and regulated by section 4 and Schedule A of the Summary Jurisdiction (Scotland) Act 1881?

Ratio Decidendi

The Sheriff-Substitute is bound to fix and award the amount of expenses at the time of disposing of the complaint, but may, before doing so, remit the account to the Auditor for taxation and report, and adjourn the diet if necessary. The respondent's expenses are not limited or regulated by section 4 and Schedule A of the 1881 Act, but are to be such as the Court considers reasonable.

Court Disposition

Appeal allowed; Sheriff-Substitute's interlocutor recalled; case remitted to Sheriff-Substitute to award reasonable expenses to appellants/respondents and assoilzie them anew.

Orders

  • Recall the interlocutor of 21st August 1906.
  • Remit to Sheriff-Substitute to find appellants entitled to expenses and fix the amount, either by remit to Auditor or otherwise.