McFarlane v. Scottish Borders Council [2006] ScotCS CSOH_96A (28 June 2006)

McFarlane v. Scottish Borders Council [2006] ScotCS CSOH_96A (28 June 2006)

The interlocutors of 4 March 2005, including a decerniture, exhaustively disposed of all expenses, including those incurred in connection with the taxation. The court is functus officio and cannot now make a further award for the defenders' expenses of attending the taxation, as these were not expressly reserved.

Citation
[2006] ScotCS CSOH_96A
Parties
Pursuer: Steven McFarlane; Defenders: Scottish Borders Council
Jurisdiction
Scotland
Judgment Date
28 June 2006
Procedural Posture
Civil (personal Injury/expenses) / Post Judgment Motion Regarding Expenses After Taxation
Outcome
Defenders' motion refused; no further award of expenses made.
Legal Topics
Expenses of Litigation, Taxation of Costs, Finality of Court Orders
Civil Procedure Personal Injury Expenses of Litigation Taxation of Costs Finality of Court Orders

Case Brief

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Parties

Steven McFarlane

Pursuer

Scottish Borders Council

Defenders

Procedural Posture

Civil (personal Injury/expenses) / Post Judgment Motion Regarding Expenses After Taxation

Legal Issues

  1. 1 Whether the defenders can recover their expenses incurred in attending the taxation after a decerniture awarding expenses to the pursuer
  2. 2 Whether the interlocutors of 4 March 2005 exhaustively disposed of all expenses, including those incurred at taxation

Ratio Decidendi

The interlocutors of 4 March 2005, including a decerniture, exhaustively disposed of all expenses, including those incurred in connection with the taxation. The court is functus officio and cannot now make a further award for the defenders' expenses of attending the taxation, as these were not expressly reserved.

Court Disposition

Defenders' motion refused; no further award of expenses made.

Orders

  • No order as to expenses of the hearing on the motion roll.