Ewos Ltd v. Mainland & Anor [2005] ScotCS CSOH_153 (22 November 2005)

Ewos Ltd v. Mainland & Anor [2005] ScotCS CSOH_153 (22 November 2005)

Awards of expenses made in earlier interlocutors without reservation cannot be retrospectively altered to agent and client basis; however, where the basis of taxation was expressly reserved in the minute of proceedings, it is competent to correct those interlocutors to reflect the reservation and subsequently determine taxation on an agent and client basis.

Citation
[2005] ScotCS CSOH_153
Parties
Pursuer: Ewos Limited; Defender: Bruce Martin Mainland; Defender: Hugh Craigie Mainland
Jurisdiction
Scotland
Judgment Date
22 November 2005
Procedural Posture
Civil Action for Damages / Post Dismissal, Motion for Rectification of Interlocutors Regarding Expenses
Outcome
Motion for rectification granted in part; interlocutors of 11 December 2003 and 21 January 2004 corrected to reserve basis of taxation; interlocutor of 16 February 2004 amended to specify agent and client taxation for reserved awards; earlier awards remain party and party.
Legal Topics
Taxation of Expenses, Agent and Client Expenses, Party and Party Expenses, Rectification of Interlocutors
Civil Procedure Costs Taxation of Expenses Agent and Client Expenses Party and Party Expenses Rectification of Interlocutors

Case Brief

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Parties

Ewos Limited

Pursuer

Bruce Martin Mainland

Defender

Hugh Craigie Mainland

Defender

Procedural Posture

Civil Action for Damages / Post Dismissal, Motion for Rectification of Interlocutors Regarding Expenses

Legal Issues

  1. 1 Whether the basis of taxation of expenses awarded in earlier interlocutors can be retrospectively altered to agent and client basis
  2. 2 Competency of rectification of interlocutors to reserve or specify basis of taxation

Ratio Decidendi

Awards of expenses made in earlier interlocutors without reservation cannot be retrospectively altered to agent and client basis; however, where the basis of taxation was expressly reserved in the minute of proceedings, it is competent to correct those interlocutors to reflect the reservation and subsequently determine taxation on an agent and client basis.

Court Disposition

Motion for rectification granted in part; interlocutors of 11 December 2003 and 21 January 2004 corrected to reserve basis of taxation; interlocutor of 16 February 2004 amended to specify agent and client taxation for reserved awards; earlier awards remain party and party.

Orders

  • Interlocutor of 11 December 2003 amended to reserve basis of taxation and delete decerniture.
  • Interlocutor of 21 January 2004 amended similarly.