Hunter v. Dundee Water Commissioners [1920] ScotLR 558 (04 June 1920)

Hunter v. Dundee Water Commissioners [1920] ScotLR 558 (04 June 1920)

Defenders are not entitled to agent and client expenses under Public Authorities Protection Act 1893 as no averment connects the act of negligence with execution of statutory duty; expenses to be taxed in ordinary form.

Citation
[1920] ScotLR 558
Parties
Pursuer: James Gardyne Hunter; Defenders: Dundee Water Commissioners
Jurisdiction
Scotland
Judgment Date
04 June 1920
Procedural Posture
Action of Damages / Motion to Apply Verdict After Jury Trial
Outcome
Verdict applied; defenders assoilzied; expenses awarded in ordinary form.
Legal Topics
Public Authorities Protection Act 1893, Expenses Taxation, Negligence, Statutory Duty
Public Authority Liability Statutory Interpretation Tort Public Authorities Protection Act 1893 Expenses Taxation Negligence Statutory Duty

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Parties

James Gardyne Hunter

Pursuer

Dundee Water Commissioners

Defenders

Procedural Posture

Action of Damages / Motion to Apply Verdict After Jury Trial

Legal Issues

  1. 1 Whether defenders are entitled to expenses taxed as between agent and client under Public Authorities Protection Act 1893
  2. 2 Whether connection between act complained of and execution of statutory duty is established

Ratio Decidendi

Defenders are not entitled to agent and client expenses under Public Authorities Protection Act 1893 as no averment connects the act of negligence with execution of statutory duty; expenses to be taxed in ordinary form.

Court Disposition

Verdict applied; defenders assoilzied; expenses awarded in ordinary form.

Orders

  • Verdict applied
  • Defenders assoilzied