Casey v. Magistrates of Govan [1902] ScotLR 39_635 (24 May 1902)

Casey v. Magistrates of Govan [1902] ScotLR 39_635 (24 May 1902)

The pursuer, having exercised a legal right to appeal for jury trial and there being no abuse or misconduct, is entitled to Court of Session expenses regardless of the small sum awarded.

Citation
[1902] ScotLR 39_635
Parties
Pursuer: Miss Susan Casey; Defender: Magistrates and Town Council of Govan
Jurisdiction
Scotland
Judgment Date
24 May 1902
Procedural Posture
Civil Appeal (damages) / Appeal From Sheriff Court to Court of Session, Post Jury Verdict
Outcome
Defender's objection to expenses repelled; pursuer awarded Court of Session expenses.
Legal Topics
Expenses, Jury Trial, Damages, Modification of Expenses
Civil Procedure Personal Injury Expenses Jury Trial Damages Modification of Expenses

Case Brief

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Parties

Miss Susan Casey

Pursuer

Magistrates and Town Council of Govan

Defender

Procedural Posture

Civil Appeal (damages) / Appeal From Sheriff Court to Court of Session, Post Jury Verdict

Legal Issues

  1. 1 Whether the pursuer is entitled to Court of Session expenses despite a small sum awarded by the jury
  2. 2 Whether expenses should be modified to the Sheriff Court scale due to the amount recovered

Ratio Decidendi

The pursuer, having exercised a legal right to appeal for jury trial and there being no abuse or misconduct, is entitled to Court of Session expenses regardless of the small sum awarded.

Court Disposition

Defender's objection to expenses repelled; pursuer awarded Court of Session expenses.

Orders

  • Pursuer awarded expenses on Court of Session scale.