Boyd & Forrest v. Glasgow and South Western Railway Co. [1911] ScotLR 876 (20 June 1911)

In cases involving great complexity and difficulty, the Auditor may in his discretion allow fees for three counsel in both the Outer House and the Inner House, and the Court will not interfere with such discretion unless it is plainly wrong.

Citation: [1911] ScotLR 876
Parties: Pursuers (respondents): Boyd & Forrest; Defenders (reclaimers): Glasgow and South Western Railway Company
Jurisdiction: Scotland
Judgment Date: 20 June 1911
Procedural Posture: Civil / Objections to Auditor's Taxation of Expenses After Judgment; Reclaiming Note
Outcome: Objections repelled; Court adhered to Auditor's report; taxed expenses allowed as claimed.
Legal Topics: Taxation of Costs, Fees for Counsel, Discretion of Auditor, Expenses in Litigation

Civil Procedure Taxation of Costs Fees for Counsel Discretion of Auditor Expenses in Litigation

Case Brief

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Parties

Boyd & Forrest

Pursuers (respondents)

Glasgow and South Western Railway Company

Defenders (reclaimers)

Procedural Posture

Civil / Objections to Auditor's Taxation of Expenses After Judgment; Reclaiming Note

Legal Issues

1 Whether fees for three counsel should be allowed in both Outer House and Inner House
2 Whether the amount of fees allowed in the Inner House was excessive

Ratio Decidendi

Court Disposition

Objections repelled; Court adhered to Auditor's report; taxed expenses allowed as claimed.

Orders

Fees to three counsel allowed in both Outer House and Inner House.
No reduction in amount of Inner House fees.