Mitchell v. Baird [1902] ScotLR 39_682 (21 May 1902)

Mitchell v. Baird [1902] ScotLR 39_682 (21 May 1902)

A defender who, after being assoilzied as an individual, remains in the case and conducts the defence, is liable for expenses as an individual if the trust is reduced and he is found not to have been a trustee.

Citation
[1902] ScotLR 39_682
Parties
Pursuer: Mrs Agnes Pyle or Mitchell; Defender (trustee and Individual): Mr John Baird; Defenders (individuals): Next-of-kin of Mr Mitchell
Jurisdiction
Scotland
Judgment Date
21 May 1902
Procedural Posture
Action for Reduction of Trust Disposition and Settlement / Post Trial, Motion for Expenses After Jury Verdict
Outcome
Defenders found liable to the pursuer in expenses.
Legal Topics
Liability of Trustee, Expenses of Litigation, Reduction of Trust Deed
Trusts and Estates Civil Procedure Liability of Trustee Expenses of Litigation Reduction of Trust Deed

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Parties

Mrs Agnes Pyle or Mitchell

Pursuer

Mr John Baird

Defender (trustee and Individual)

Next-of-kin of Mr Mitchell

Defenders (individuals)

Procedural Posture

Action for Reduction of Trust Disposition and Settlement / Post Trial, Motion for Expenses After Jury Verdict

Legal Issues

  1. 1 Whether a trustee, as an individual, can be found liable in expenses after being assoilzied in that capacity but remaining in the litigation and conducting the defence
  2. 2 Whether the pursuer is entitled to expenses against all defenders including the trustee

Ratio Decidendi

A defender who, after being assoilzied as an individual, remains in the case and conducts the defence, is liable for expenses as an individual if the trust is reduced and he is found not to have been a trustee.

Court Disposition

Defenders found liable to the pursuer in expenses.

Orders

  • Find the defenders liable to the pursuer in expenses.