Presslie & Anor v Cochrane McGregor Group Ltd & Anor [1999] ScotCS 51 (17 February 1999)

Presslie & Anor v Cochrane McGregor Group Ltd & Anor [1999] ScotCS 51 (17 February 1999)

The auditor's report that the outlays incurred in instructing Hurd Rolland were exceptional in nature satisfies the remit. However, there is no sufficient basis to depart from the judicial rate of interest, as the circumstances do not distinguish this case from the generality of litigation. Interest will be allowed at the judicial rate from the dates of disbursement until payment.

Citation
[1999] ScotCS 51
Parties
Pursuers: George William Sutherland Presslie and Another; Defenders: Cochrane McGregor Group Limited and Another
Jurisdiction
Scotland
Judgment Date
17 February 1999
Procedural Posture
Civil / Post Judgment Expenses Determination
Outcome
Remit pursuers' account for taxation; interest on Hurd Rolland outlays allowed at judicial rate.
Legal Topics
Taxation of Expenses, Interest on Costs, Exceptional Outlays
Civil Procedure Taxation of Expenses Interest on Costs Exceptional Outlays

Case Brief

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Parties

George William Sutherland Presslie and Another

Pursuers

Cochrane McGregor Group Limited and Another

Defenders

Procedural Posture

Civil / Post Judgment Expenses Determination

Legal Issues

  1. 1 Whether outlays incurred by pursuers were exceptional in nature or amount
  2. 2 Appropriate rate of interest to be applied to exceptional outlays

Ratio Decidendi

The auditor's report that the outlays incurred in instructing Hurd Rolland were exceptional in nature satisfies the remit. However, there is no sufficient basis to depart from the judicial rate of interest, as the circumstances do not distinguish this case from the generality of litigation. Interest will be allowed at the judicial rate from the dates of disbursement until payment.

Court Disposition

Remit pursuers' account for taxation; interest on Hurd Rolland outlays allowed at judicial rate.

Orders

  • Pursuers' account remitted for taxation.
  • Interest to be paid on taxed amounts of Hurd Rolland outlays at judicial rates from dates of disbursement until payment.