Thomson v. Edinburgh and District Tramways Co., Ltd. Thomson v. Kerr [1901] ScotLR 38_263 (15 January 1901)

Thomson v. Edinburgh and District Tramways Co., Ltd. Thomson v. Kerr [1901] ScotLR 38_263 (15 January 1901)

Where two actions are conjoined and tried together, and one defender is found solely liable, that defender may be found liable for the expenses of both the pursuers and the successful defender, as the conjoining of actions equates to a single action against multiple defenders.

Citation
[1901] ScotLR 38_263
Parties
Pursuer: Nellie Turner Thomson; Pursuer: Margaret Thomson; Defender: Edinburgh and District Tramways Company, Limited; Defender: John Kerr
Jurisdiction
Scotland
Judgment Date
15 January 1901
Procedural Posture
Civil Damages (personal Injury) / Post Trial Judgment on Liability and Expenses
Outcome
Judgment for pursuers and successful defender on expenses; damages awarded to pursuers; Tramways Company found liable for expenses of both pursuers and John Kerr.
Legal Topics
Expenses, Costs Between Defenders, Conjoined Actions, Liability for Costs, Personal Injury
Civil Procedure Tort Law Expenses Costs Between Defenders Conjoined Actions Liability for Costs Personal Injury

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Parties

Nellie Turner Thomson

Pursuer

Margaret Thomson

Pursuer

Edinburgh and District Tramways Company, Limited

Defender

John Kerr

Defender

Procedural Posture

Civil Damages (personal Injury) / Post Trial Judgment on Liability and Expenses

Legal Issues

  1. 1 Whether the unsuccessful defender (Tramways Company) is liable for the expenses of both the pursuers and the successful defender (Kerr) in conjoined actions.
  2. 2 Whether conjoining actions affects liability for expenses between defenders.

Ratio Decidendi

Where two actions are conjoined and tried together, and one defender is found solely liable, that defender may be found liable for the expenses of both the pursuers and the successful defender, as the conjoining of actions equates to a single action against multiple defenders.

Court Disposition

Judgment for pursuers and successful defender on expenses; damages awarded to pursuers; Tramways Company found liable for expenses of both pursuers and John Kerr.

Orders

  • Tramways Company to pay £120 to Nellie Turner Thomson.
  • Tramways Company to pay £75 to Margaret Thomson.