Foreman and Another v. Duke of Buccleuch [1904] ScotLR 42_296 (24 December 1904)

The account of expenses incurred to English solicitors falls to be taxed as between party and party according to English rules, and is to be remitted to the Taxing Officer in London for examination and report.

Citation: [1904] ScotLR 42_296
Parties: Pursuer: David Wallace Foreman; Pursuer: John William Bell; Defender: Duke of Buccleuch and Queensberry
Jurisdiction: Scotland
Judgment Date: 24 December 1904
Procedural Posture: Action for Damages / Post Decree Expenses Taxation
Outcome: account remitted for taxation
Legal Topics: Expenses, Taxation of Costs, Cross Jurisdictional Legal Costs

Civil Procedure Expenses Taxation of Costs Cross Jurisdictional Legal Costs

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Parties

David Wallace Foreman

Pursuer

John William Bell

Pursuer

Duke of Buccleuch and Queensberry

Defender

Procedural Posture

Action for Damages / Post Decree Expenses Taxation

Legal Issues

1 Whether expenses incurred to English solicitors should be taxed according to English or Scottish rules
2 Which items of the account are properly chargeable against the defender as between party and party

Ratio Decidendi

Court Disposition

account remitted for taxation

Orders

Remit the account of expenses incurred to Messrs Pritchard & Sons, solicitors, London, to the Taxing Officer of the Supreme Court of Judicature, London, for examination and report as to the figure at which it should be taxed as between party and party.