Malcolm v. Moore [1901] ScotLR 39_259 (18 December 1901)

Malcolm v. Moore [1901] ScotLR 39_259 (18 December 1901)

Expenses for precognitions taken before adjustment of issues are not recoverable, even if incurred before the date up to which expenses are allowed, as only legitimate and proper expenses are recoverable.

Citation
[1901] ScotLR 39_259
Parties
Pursuer: Thomas Malcolm; Defender: William Moore
Jurisdiction
Scotland
Judgment Date
18 December 1901
Procedural Posture
Action of Damages for Slander / Post Trial Expenses Determination
Outcome
objection to Auditor's report repelled
Legal Topics
Expenses, Tender, Precognitions, Damages
Civil Procedure Defamation Expenses Tender Precognitions Damages

Case Brief

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Parties

Thomas Malcolm

Pursuer

William Moore

Defender

Procedural Posture

Action of Damages for Slander / Post Trial Expenses Determination

Legal Issues

  1. 1 Whether expenses for precognitions taken before adjustment of issues are recoverable when expenses are awarded up to the date of tender

Ratio Decidendi

Expenses for precognitions taken before adjustment of issues are not recoverable, even if incurred before the date up to which expenses are allowed, as only legitimate and proper expenses are recoverable.

Court Disposition

objection to Auditor's report repelled

Orders

  • Auditor's disallowance of precognition expenses upheld