Thornton v. Boyd & Forrest [1907] ScotLR 44_283 (12 January 1907)

Thornton v. Boyd & Forrest [1907] ScotLR 44_283 (12 January 1907)

The Court allowed the amendment of the record on the condition that the pursuer pays six guineas in expenses caused by the amendment, emphasizing the need to address expenses promptly to discourage slovenly practice.

Citation
[1907] ScotLR 44_283
Parties
Pursuer/respondent: James Thornton; Defenders/appellants: Boyd & Forrest
Jurisdiction
Scotland
Judgment Date
12 January 1907
Procedural Posture
Appeal From Sheriff Court / Interlocutory Application for Amendment and Expenses
Outcome
Amendment allowed on condition of payment of expenses
Legal Topics
Expenses, Amendment of Record, Appeal Procedure
Civil Procedure Expenses Amendment of Record Appeal Procedure

Case Brief

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Parties

James Thornton

Pursuer/respondent

Boyd & Forrest

Defenders/appellants

Procedural Posture

Appeal From Sheriff Court / Interlocutory Application for Amendment and Expenses

Legal Issues

  1. 1 Whether amendment of record should be allowed in appeal from Sheriff Court
  2. 2 Whether expenses for amendment should be determined immediately or postponed

Ratio Decidendi

The Court allowed the amendment of the record on the condition that the pursuer pays six guineas in expenses caused by the amendment, emphasizing the need to address expenses promptly to discourage slovenly practice.

Court Disposition

Amendment allowed on condition of payment of expenses

Orders

  • Amendment of record allowed
  • Pursuer to pay six guineas in expenses caused by the amendment