Canavan v. John Green & Co. [1906] ScotLR 43_604 (24 May 1906)

A pursuer whose first verdict was set aside solely for judicial misdirection and who succeeds again at retrial is entitled to expenses for both trials.

Citation: [1906] ScotLR 43_604
Parties: Pursuer: John Patrick Canavan; Defender: John Green & Company
Jurisdiction: Scotland
Judgment Date: 24 May 1906
Procedural Posture: Action for Damages for Personal Injury / Motion for Expenses Following Two Jury Trials
Outcome: motion granted
Legal Topics: Expenses, Jury Trial, Misdirection, Damages

Civil Procedure Personal Injury Employment Law Expenses Jury Trial Misdirection Damages

Case Brief

Summary, issues, holding and outcome

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Parties

John Patrick Canavan

Pursuer

John Green & Company

Defender

Procedural Posture

Action for Damages for Personal Injury / Motion for Expenses Following Two Jury Trials

Legal Issues

1 Is a pursuer entitled to expenses of both trials when the first verdict is set aside for judicial misdirection and the pursuer succeeds again in the second trial?

Ratio Decidendi

A pursuer whose first verdict was set aside solely for judicial misdirection and who succeeds again at retrial is entitled to expenses for both trials.

Court Disposition

motion granted

Orders

Pursuer entitled to expenses of both trials