Watson v. Caledonian Railway Co. [1901] ScotLR 38_717 (22 June 1901)

The Court allowed fees for necessary medical reports and consultations but disallowed charges for drawing precognitions and payments to medical witnesses, holding that only necessary preparatory work is recoverable as expenses.

Citation: [1901] ScotLR 38_717
Parties: Pursuer: Andrew Watson; Defender: Caledonian Railway Company
Jurisdiction: Scotland
Judgment Date: 22 June 1901
Procedural Posture: Action of Damages for Personal Injury / Taxation of Expenses Following Settlement Before Trial
Outcome: Objections sustained in part; fees for medical reports and consultations allowed; charges for drawing precognitions and payments to medical witnesses disallowed.
Legal Topics: Expenses, Taxation of Costs, Fees to Medical Witnesses, Precognitions

Civil Procedure Personal Injury Expenses Taxation of Costs Fees to Medical Witnesses Precognitions

Case Brief

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Parties

Andrew Watson

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Action of Damages for Personal Injury / Taxation of Expenses Following Settlement Before Trial

Legal Issues

1 Whether fees for multiple medical reports and consultations are recoverable as expenses
2 Whether charges for drawing precognitions of medical witnesses and payments to medical witnesses are allowable

Ratio Decidendi

Court Disposition

Objections sustained in part; fees for medical reports and consultations allowed; charges for drawing precognitions and payments to medical witnesses disallowed.

Orders

Allowed a fee of one guinea each to Dr Nicoll and Dr Grant for the December report and one guinea each for a second report in March.
Allowed a fee of two guineas each to Professor Glaister and Dr Knox for consultation.