Clydesdale Bank Plc v Mowbray [1999] ScotCS 291 (7 December 1999)

Clydesdale Bank Plc v Mowbray [1999] ScotCS 291 (7 December 1999)

Proof before answer is necessary to determine the competency and reasonableness of expenses claimed; pursuers are not restricted to enforcing decrees for party and party expenses and may claim agent and client expenses if reasonably incurred under statutory provision.

Citation
[1999] ScotCS 291
Parties
Pursuers and Respondents: Clydesdale Bank Plc; Defender and Reclaimer: John Renton Mowbray
Jurisdiction
Scotland
Judgment Date
07 December 1999
Procedural Posture
Reclaiming Motion / Interlocutor Review and Allowance of Proof Before Answer
Outcome
Reclaiming motion refused; interlocutor of 9 October 1998 adhered to except as regards defender's first plea in law, which is recalled.
Legal Topics
Standard Security, Recovery of Expenses, Agent and Client Expenses, Party and Party Expenses, Competency of Action
Property Law Civil Procedure Standard Security Recovery of Expenses Agent and Client Expenses Party and Party Expenses Competency of Action

Case Brief

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Parties

Clydesdale Bank Plc

Pursuers and Respondents

John Renton Mowbray

Defender and Reclaimer

Procedural Posture

Reclaiming Motion / Interlocutor Review and Allowance of Proof Before Answer

Legal Issues

  1. 1 Whether pursuers can recover judicial expenses on agent and client basis in a separate action
  2. 2 Competency of including judicial expenses from prior actions in current claim
  3. 3 Scope of expenses recoverable under paragraph 12 of Schedule 3 to the Conveyancing and Feudal Reform (Scotland) Act 1970

Ratio Decidendi

Proof before answer is necessary to determine the competency and reasonableness of expenses claimed; pursuers are not restricted to enforcing decrees for party and party expenses and may claim agent and client expenses if reasonably incurred under statutory provision.

Court Disposition

Reclaiming motion refused; interlocutor of 9 October 1998 adhered to except as regards defender's first plea in law, which is recalled.

Orders

  • Proof before answer allowed
  • Competency of certain elements of pursuers' claim reserved until facts ascertained