Duke of Atholl v. Glover Incorporation of Perth [1900] ScotLR 38_58 (13 November 1900)

Duke of Atholl v. Glover Incorporation of Perth [1900] ScotLR 38_58 (13 November 1900)

The expense of procuring and printing excerpts from session-papers in old cases referred to at debate cannot be charged against the unsuccessful party, as such expenses are for counsel's convenience and not recoverable as costs.

Citation
[1900] ScotLR 38_58
Parties
Pursuer: Duke of Atholl; Defender: Glover Incorporation of Perth
Jurisdiction
Scotland
Judgment Date
13 November 1900
Procedural Posture
Expenses Objection / Approval of Auditor's Report
Outcome
objection sustained; charge disallowed
Legal Topics
Expenses, Taxation, Costs, Session Papers
Civil Procedure Expenses Taxation Costs Session Papers

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Parties

Duke of Atholl

Pursuer

Glover Incorporation of Perth

Defender

Procedural Posture

Expenses Objection / Approval of Auditor's Report

Legal Issues

  1. 1 Whether the expense of making and printing excerpts from session-papers in old cases referred to at debate can be charged against the unsuccessful party

Ratio Decidendi

The expense of procuring and printing excerpts from session-papers in old cases referred to at debate cannot be charged against the unsuccessful party, as such expenses are for counsel's convenience and not recoverable as costs.

Court Disposition

objection sustained; charge disallowed

Orders

  • The Court disallowed the charge objected to for excerpting and printing session-papers.
  • Quoad ultra, the Auditor's report was approved.