Reid and Another v. North Isles District Committee of the County Council of Orkney [1912] ScotLR 511 (01 March 1912)

Reid and Another v. North Isles District Committee of the County Council of Orkney [1912] ScotLR 511 (01 March 1912)

Sanction for employment of counsel and allowance of higher debate fee must be sought from the judge who tried the cause, and may be granted after judgment only if justified; certification of skilled witnesses is mandatory for recovery of their expenses, even as between agent and client; attendance fee cannot be substituted for debate fee under the Act of Sederunt.

Citation
[1912] ScotLR 511
Parties
Pursuer: Samuel Reid and another (joint owners of the smack 'Howard' of Kirkwall); Defender: North Isles District Committee of the County Council of Orkney
Jurisdiction
Scotland
Judgment Date
01 March 1912
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Objections by defenders partly repelled, partly remitted; cause remitted to Sheriff for further consideration of sanction for counsel and higher debate fee; no expenses found due for this discussion.
Legal Topics
Taxation of Costs, Employment of Counsel, Certification of Skilled Witnesses, Debate Fee, Public Authorities Protection Act 1893
Civil Procedure Costs and Expenses Taxation of Costs Employment of Counsel Certification of Skilled Witnesses Debate Fee Public Authorities Protection Act 1893

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Parties

Samuel Reid and another (joint owners of the smack 'Howard' of Kirkwall)

Pursuer

North Isles District Committee of the County Council of Orkney

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division

Legal Issues

  1. 1 Whether sanction for employment of counsel in Sheriff Court can be granted after judgment and at what stage.
  2. 2 Whether certification of skilled witnesses is required for recovery of their expenses between agent and client.
  3. 3 Whether higher debate fee or attendance fee can be allowed in taxation as between agent and client.

Ratio Decidendi

Sanction for employment of counsel and allowance of higher debate fee must be sought from the judge who tried the cause, and may be granted after judgment only if justified; certification of skilled witnesses is mandatory for recovery of their expenses, even as between agent and client; attendance fee cannot be substituted for debate fee under the Act of Sederunt.

Court Disposition

Objections by defenders partly repelled, partly remitted; cause remitted to Sheriff for further consideration of sanction for counsel and higher debate fee; no expenses found due for this discussion.

Orders

  • Repel the second objection (skilled witnesses).
  • Remit to Sheriff for consideration of sanction for counsel (first objection) and higher debate fee (third objection).