Oliver v. Wilkie [1901] ScotLR 39_251 (12 December 1901)

Oliver v. Wilkie [1901] ScotLR 39_251 (12 December 1901)

The agent-disburser is not entitled to decree in their own name where set-off of expenses is appropriate; the Court may set off expenses in one action against those in another between the same parties before extraction of decree, to prevent injustice.

Citation
[1901] ScotLR 39_251
Parties
Pursuer: Jane Oliver; Defender: George Wilkie
Jurisdiction
Scotland
Judgment Date
12 December 1901
Procedural Posture
Civil Appeal / Judgment After Taxation of Expenses, Approval of Auditor's Reports
Outcome
Defender entitled to decree for expenses in seduction action under deduction of pursuer's expenses in affiliation action; pursuer not entitled to decree in agent's name.
Legal Topics
Expenses, Set Off, Compensation of Expenses, Decree in Name of Agent Disburser, Cognate Actions
Civil Procedure Expenses Set Off Compensation of Expenses Decree in Name of Agent Disburser Cognate Actions

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Parties

Jane Oliver

Pursuer

George Wilkie

Defender

Procedural Posture

Civil Appeal / Judgment After Taxation of Expenses, Approval of Auditor's Reports

Legal Issues

  1. 1 Whether expenses in one action can be set off against expenses in another between the same parties before extraction of decree
  2. 2 Whether an agent-disburser is entitled to decree in their own name when set-off applies

Ratio Decidendi

The agent-disburser is not entitled to decree in their own name where set-off of expenses is appropriate; the Court may set off expenses in one action against those in another between the same parties before extraction of decree, to prevent injustice.

Court Disposition

Defender entitled to decree for expenses in seduction action under deduction of pursuer's expenses in affiliation action; pursuer not entitled to decree in agent's name.

Orders

  • Approve Auditor's report on defender's expenses in seduction action; decern against pursuer for £187 6s 2d under deduction of £70 4s 8d.
  • Approve Auditor's report on pursuer's expenses in affiliation action; find pursuer not entitled to decree in agent's name due to set-off; decree for defender for net amount.