Bowman's Trustees v. Scott's Trustees [1901] ScotLR 38_557 (13 February 1901)

Bowman's Trustees v. Scott's Trustees [1901] ScotLR 38_557 (13 February 1901)

While an appeal on expenses alone is competent, the Court will not sustain such an appeal unless necessary to prevent a miscarriage of justice. In this case, the amount at stake was small and there was no clear miscarriage of justice, so the appeal was dismissed.

Citation
[1901] ScotLR 38_557
Parties
Pursuers/respondents: Bowman's Trustees; Defenders/appellants: Scott's Trustees
Jurisdiction
Scotland
Judgment Date
13 February 1901
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session on Question of Expenses
Outcome
appeal dismissed
Legal Topics
Competency of Appeal, Expenses, Miscarriage of Justice
Civil Procedure Competency of Appeal Expenses Miscarriage of Justice

Case Brief

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Parties

Bowman's Trustees

Pursuers/respondents

Scott's Trustees

Defenders/appellants

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session on Question of Expenses

Legal Issues

  1. 1 Is an appeal from the Sheriff Court to the Court of Session competent on a question of expenses only?
  2. 2 Should the Court of Session interfere with the Sheriff's decision on expenses in this case?

Ratio Decidendi

While an appeal on expenses alone is competent, the Court will not sustain such an appeal unless necessary to prevent a miscarriage of justice. In this case, the amount at stake was small and there was no clear miscarriage of justice, so the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Dismiss the appeal
  • Affirm the interlocutor appealed against