Magistrates of Aberchirder v. Banff District Committee and Others [1906] ScotLR 43_409 (03 March 1906)

Magistrates of Aberchirder v. Banff District Committee and Others [1906] ScotLR 43_409 (03 March 1906)

A motion for taxation of expenses as between agent and client under the Public Authorities Protection Act 1893 must be made before the interlocutor awarding expenses is signed; after signature, the Court has no power to alter the interlocutor, and expenses are taxed only as between party and party.

Citation
[1906] ScotLR 43_409
Parties
Pursuer and Reclaimer: Provost, Magistrates, and Councillors of the Police Burgh of Aberchirder; Defender and Respondent: Banff District Committee of the County Council of the County of Banff; Defender and Respondent: James Campbell, LL.D., Old Cullen, and others, County Road Board of the County of Banff
Jurisdiction
Scotland
Judgment Date
03 March 1906
Procedural Posture
Civil / Motion for Taxation of Expenses as Between Agent and Client After Interlocutor
Outcome
motion refused
Legal Topics
Expenses, Taxation of Costs, Public Authorities Protection Act 1893, Timing of Motions, Interlocutor
Civil Procedure Public Law Expenses Taxation of Costs Public Authorities Protection Act 1893 Timing of Motions Interlocutor

Case Brief

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Parties

Provost, Magistrates, and Councillors of the Police Burgh of Aberchirder

Pursuer and Reclaimer

Banff District Committee of the County Council of the County of Banff

Defender and Respondent

James Campbell, LL.D., Old Cullen, and others, County Road Board of the County of Banff

Defender and Respondent

Procedural Posture

Civil / Motion for Taxation of Expenses as Between Agent and Client After Interlocutor

Legal Issues

  1. 1 Whether a motion for taxation of expenses as between agent and client under the Public Authorities Protection Act 1893 can be made after the interlocutor is signed
  2. 2 Whether the Court has power to alter an interlocutor awarding expenses in ordinary terms after it is signed

Ratio Decidendi

A motion for taxation of expenses as between agent and client under the Public Authorities Protection Act 1893 must be made before the interlocutor awarding expenses is signed; after signature, the Court has no power to alter the interlocutor, and expenses are taxed only as between party and party.

Court Disposition

motion refused

Orders

  • Prayer of the note refused; no alteration to interlocutor; expenses to be taxed as between party and party.