Ammon v. Tod [1912] ScotLR 244 (09 January 1912)

Ammon v. Tod [1912] ScotLR 244 (09 January 1912)

Where litigation has reached a stage where expenses have been judicially ascertained, and the principal parties settle without the agents' consent, the agents are entitled to be sisted and to obtain decree for their expenses against the opponent, without being required to litigate the merits further. The right is grounded in equitable practice and established authority, not strict legal principle.

Citation
[1912] ScotLR 244
Parties
Pursuer/respondent: Arthur F. Ammon; Defender/appellant: J. Walker Tod
Jurisdiction
Scotland
Judgment Date
09 January 1912
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session, Inner House, First Division
Outcome
Agents' motion granted; agents sisted as parties and entitled to decree for expenses against defender/appellant.
Legal Topics
Agent's Right to Expenses, Compromise of Action, Sisting Agents as Parties, Expenses in Litigation
Civil Procedure Agency Law Agent's Right to Expenses Compromise of Action Sisting Agents as Parties Expenses in Litigation

Case Brief

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Parties

Arthur F. Ammon

Pursuer/respondent

J. Walker Tod

Defender/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether agents-disbursers are entitled to be sisted as parties and obtain decree for expenses after extrajudicial settlement between principal parties without agents' consent
  2. 2 Whether agents must litigate merits to vindicate their claim for expenses after such settlement

Ratio Decidendi

Where litigation has reached a stage where expenses have been judicially ascertained, and the principal parties settle without the agents' consent, the agents are entitled to be sisted and to obtain decree for their expenses against the opponent, without being required to litigate the merits further. The right is grounded in equitable practice and established authority, not strict legal principle.

Court Disposition

Agents' motion granted; agents sisted as parties and entitled to decree for expenses against defender/appellant.

Orders

  • Sist the minuters Lindsay, Meldrum, & Oatts as parties to the cause to the extent of finding them entitled to the expenses found due by the defender and appellant in the Sheriff Court, and find them entitled to these expenses accordingly (with assignation to appellant upon payment).
  • Sist Lindsay, Meldrum, & Oatts, and Erskine Dods & Rhind, to the extent of finding them entitled to the expenses of the minute of sist and procedure thereon in this Court.