Cooper & Co. v. M'Govern [1901] ScotLR 39_164 (30 November 1901)

Cooper & Co. v. M'Govern [1901] ScotLR 39_164 (30 November 1901)

Charges for correspondence and attendance at meetings in connection with the adjustment of the stated case are not recoverable as expenses of the appeal, as the statute does not contemplate such expenses and the Sheriff is responsible for stating the case.

Citation
[1901] ScotLR 39_164
Parties
Appellant: Cooper & Company; Respondent: M'Govern
Jurisdiction
Scotland
Judgment Date
30 November 1901
Procedural Posture
Stated Case Under Workmen's Compensation Act 1897 / Appeal; Taxation of Expenses
Outcome
Appeal on expenses dismissed; Auditor's report approved.
Legal Topics
Workmen's Compensation, Appeal Expenses, Taxation of Costs
Labour Law Civil Procedure Workmen's Compensation Appeal Expenses Taxation of Costs

Case Brief

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Parties

Cooper & Company

Appellant

M'Govern

Respondent

Procedural Posture

Stated Case Under Workmen's Compensation Act 1897 / Appeal; Taxation of Expenses

Legal Issues

  1. 1 Whether expenses incurred in the adjustment of a stated case are recoverable as expenses of the appeal under the Workmen's Compensation Act 1897

Ratio Decidendi

Charges for correspondence and attendance at meetings in connection with the adjustment of the stated case are not recoverable as expenses of the appeal, as the statute does not contemplate such expenses and the Sheriff is responsible for stating the case.

Court Disposition

Appeal on expenses dismissed; Auditor's report approved.

Orders

  • Charges for adjustment of stated case disallowed as expenses of the appeal.