Govan v. J. & W. M'Killop [1909] ScotLR 416 (06 February 1909)

Govan v. J. & W. M'Killop [1909] ScotLR 416 (06 February 1909)

In exceptional circumstances, the Court may allow expenses for preliminary investigations, such as a post mortem examination, if necessary for the justice of the case; the Auditor's discretion in taxing medical witness fees was properly exercised.

Citation
[1909] ScotLR 416
Parties
Pursuer (respondent): Mrs Edith Worton or Govan; Defenders (reclaimers): J. & W. M'Killop
Jurisdiction
Scotland
Judgment Date
06 February 1909
Procedural Posture
Action of Damages / Reclaiming Note After Taxation of Expenses
Outcome
The Court recalled the interlocutor of the Lord Ordinary, sustained the note of objections to the extent of £40, 10s. 7d., less £5, 5s. 2d., and quoad ultra repelled said objections.
Legal Topics
Expense of Preliminary Investigations, Fees to Medical Witnesses, Abandonment of Action After Proof Allowed
Civil Procedure Expenses Expense of Preliminary Investigations Fees to Medical Witnesses Abandonment of Action After Proof Allowed

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Parties

Mrs Edith Worton or Govan

Pursuer (respondent)

J. & W. M'Killop

Defenders (reclaimers)

Procedural Posture

Action of Damages / Reclaiming Note After Taxation of Expenses

Legal Issues

  1. 1 Whether expenses incurred for post mortem examination prior to raising the action are recoverable as expenses in the cause
  2. 2 Whether the fees allowed to skilled medical witnesses were appropriate given the difficulty of the medical investigation

Ratio Decidendi

In exceptional circumstances, the Court may allow expenses for preliminary investigations, such as a post mortem examination, if necessary for the justice of the case; the Auditor's discretion in taxing medical witness fees was properly exercised.

Court Disposition

The Court recalled the interlocutor of the Lord Ordinary, sustained the note of objections to the extent of £40, 10s. 7d., less £5, 5s. 2d., and quoad ultra repelled said objections.

Orders

  • Defenders entitled to £35, 5s. 5d. for expenses incurred in post mortem examination
  • Objections to Auditor's report regarding medical witness fees disallowed