M'Gilp v. Caledonian Railway Co. [1904] ScotLR 42_33 (26 October 1904)

Modification of expenses was refused because no reason was given for taking the case out of the common rule entitling the successful party to full expenses, despite the small sum awarded.

Citation: [1904] ScotLR 42_33
Parties: Pursuer: Alexander M'Gilp; Defender: Caledonian Railway Company
Jurisdiction: Scotland
Judgment Date: 26 October 1904
Procedural Posture: Civil / Post Trial Motion for Modification of Expenses
Outcome: modification of expenses refused
Legal Topics: Expenses, Modification of Expenses, Jury Trial, Damages, Forum Selection

Civil Procedure Tort Expenses Modification of Expenses Jury Trial Damages Forum Selection

Case Brief

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Parties

Alexander M'Gilp

Pursuer

Caledonian Railway Company

Defender

Procedural Posture

Civil / Post Trial Motion for Modification of Expenses

Legal Issues

1 Whether expenses awarded to the pursuer should be subject to modification due to the small amount of damages awarded by the jury in an action raised in the Court of Session.

Ratio Decidendi

Modification of expenses was refused because no reason was given for taking the case out of the common rule entitling the successful party to full expenses, despite the small sum awarded.

Court Disposition

modification of expenses refused

Orders

verdict for pursuer for £10 damages
expenses not modified; full expenses to pursuer