Dairon v. Dairon's Trustees [1900] ScotLR 38_179 (04 December 1900)

Dairon v. Dairon's Trustees [1900] ScotLR 38_179 (04 December 1900)

A party to a case, when examined as a necessary witness, is entitled to expenses incurred in attending and giving evidence, regardless of party status, especially where evidence is material and necessary for determination of the case.

Citation
[1900] ScotLR 38_179
Parties
Pursuer: James Dairon; Pursuer: Mrs Catherine Dairon or Fleming; Defender: Edward Dairon; Defender: Mr John Brownlie; Defender: David Dairon
Jurisdiction
Scotland
Judgment Date
04 December 1900
Procedural Posture
Action for Reduction of Trust Deed / Reclaiming Note Against Interlocutor on Taxation of Expenses
Outcome
objections by pursuers repelled; interlocutor recalled; defenders' expenses approved and taxed at £403, 1s. 8d.; defenders entitled to expenses of objections and reclaiming-note
Legal Topics
Expenses, Taxation of Costs, Party as Witness, Fraud Allegations
Civil Procedure Trusts and Estates Expenses Taxation of Costs Party as Witness Fraud Allegations

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Parties

James Dairon

Pursuer

Mrs Catherine Dairon or Fleming

Pursuer

Edward Dairon

Defender

Mr John Brownlie

Defender

David Dairon

Defender

Procedural Posture

Action for Reduction of Trust Deed / Reclaiming Note Against Interlocutor on Taxation of Expenses

Legal Issues

  1. 1 Is a party to a case entitled to witness expenses when examined as a necessary witness?
  2. 2 Does the Evidence Act 1853 entitle parties to expenses when giving evidence in their own cause?

Ratio Decidendi

A party to a case, when examined as a necessary witness, is entitled to expenses incurred in attending and giving evidence, regardless of party status, especially where evidence is material and necessary for determination of the case.

Court Disposition

objections by pursuers repelled; interlocutor recalled; defenders' expenses approved and taxed at £403, 1s. 8d.; defenders entitled to expenses of objections and reclaiming-note

Orders

  • Repel objections by pursuers to Auditor's report
  • Approve Auditor's report taxing expenses at £403, 1s. 8d.