Goodwins, Jardine & Co., Ltd v. Charles Brand & Son [1907] ScotLR 553 (15 March 1907)

Goodwins, Jardine & Co., Ltd v. Charles Brand & Son [1907] ScotLR 553 (15 March 1907)

The proper conduct of the litigation necessitated the attendance of the local agents; therefore, their charges should have been allowed, and they are entitled to a charging order under section 6 of the Law Agents and Notaries Public (Scotland) Act 1891.

Citation
[1907] ScotLR 553
Parties
Pursuer: Goodwins, Jardine & Company, Limited; Pursuer: James Watson Stewart, C.A., Glasgow (liquidator of Goodwins, Jardine & Company, Limited); Defender: Charles Brand & Son; Minuter (law Agents for Pursuer): Bannatyne, Kirkwood, France & Company, writers, Glasgow
Jurisdiction
Scotland
Judgment Date
15 March 1907
Procedural Posture
Civil / Application for Charging Order Following Decree in Favour of Pursuer
Outcome
application granted
Legal Topics
Expenses, Taxation of Costs, Agent and Client, Charging Order, Attendance of Local Law Agents
Civil Procedure Legal Profession Expenses Taxation of Costs Agent and Client Charging Order Attendance of Local Law Agents

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Parties

Goodwins, Jardine & Company, Limited

Pursuer

James Watson Stewart, C.A., Glasgow (liquidator of Goodwins, Jardine & Company, Limited)

Pursuer

Charles Brand & Son

Defender

Bannatyne, Kirkwood, France & Company, writers, Glasgow

Minuter (law Agents for Pursuer)

Procedural Posture

Civil / Application for Charging Order Following Decree in Favour of Pursuer

Legal Issues

  1. 1 Whether local law agents are entitled to a charging order for their expenses under section 6 of the Law Agents and Notaries Public (Scotland) Act 1891 when their attendance was necessary for the conduct of the litigation.

Ratio Decidendi

The proper conduct of the litigation necessitated the attendance of the local agents; therefore, their charges should have been allowed, and they are entitled to a charging order under section 6 of the Law Agents and Notaries Public (Scotland) Act 1891.

Court Disposition

application granted

Orders

  • Minuters declared entitled to a charge upon and right of payment out of the sums decerned for their taxed expenses, including attendances at all relevant hearings; Auditor directed to tax the same accordingly.