Teacher's Trustees v. Calder [1900] ScotLR 37_282 (11 January 1900)

Teacher's Trustees v. Calder [1900] ScotLR 37_282 (11 January 1900)

The Court held that, in light of the House of Lords order specifying neither party was entitled to expenses in the Court of Session and the divided success, no expenses should be awarded for the petition to apply the judgment.

Citation
[1900] ScotLR 37_282
Parties
Petitioner: Teacher's Trustees; Respondent: Calder
Jurisdiction
Scotland
Judgment Date
11 January 1900
Procedural Posture
Petition to Apply Judgment / Post Appeal Remittal
Outcome
Neither party entitled to expenses for the petition; judgment of House of Lords applied; case remitted for accounting and partial absolvitor.
Legal Topics
Expenses, Divided Success, Application of Appellate Judgment, Accounting, Fraud Allegations
Civil Procedure Commercial Law Expenses Divided Success Application of Appellate Judgment Accounting Fraud Allegations

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Parties

Teacher's Trustees

Petitioner

Calder

Respondent

Procedural Posture

Petition to Apply Judgment / Post Appeal Remittal

Legal Issues

  1. 1 Whether either party is entitled to expenses for the petition to apply the House of Lords judgment
  2. 2 Proper application of the House of Lords order regarding expenses and further procedure

Ratio Decidendi

The Court held that, in light of the House of Lords order specifying neither party was entitled to expenses in the Court of Session and the divided success, no expenses should be awarded for the petition to apply the judgment.

Court Disposition

Neither party entitled to expenses for the petition; judgment of House of Lords applied; case remitted for accounting and partial absolvitor.

Orders

  • Apply the judgment of the House of Lords.
  • Remit to the Lord Ordinary to take an account of net profits for specified years.