Grieve's Trustees v. Grieve and Others [1907] ScotLR 737 (30 May 1907)

Grieve's Trustees v. Grieve and Others [1907] ScotLR 737 (30 May 1907)

Trustees are entitled to set off the sum paid to Mrs Grieve against expenses awarded, as the claim arises from the same action and is not extrinsic; decree for expenses in name of agent-disburser would improperly deprive trustees of right to compensation.

Citation
[1907] ScotLR 737
Parties
Pursuers and Respondents: John Grieve's Trustees; Petitioners, Claimants and Appellants: James Grieve's Trustees; Claimant and Respondent: Mrs Elizabeth Simpson or Barclay or Grieve; Claimant and Respondent: Mrs Fraser
Jurisdiction
Scotland
Judgment Date
30 May 1907
Procedural Posture
Multiplepoinding / Petition to Apply House of Lords Judgment
Outcome
motion refused
Legal Topics
Expenses, Compensation, Decree in Name of Agent Disburser, Set Off
Trusts Succession Civil Procedure Expenses Compensation Decree in Name of Agent Disburser Set Off

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Parties

John Grieve's Trustees

Pursuers and Respondents

James Grieve's Trustees

Petitioners, Claimants and Appellants

Mrs Elizabeth Simpson or Barclay or Grieve

Claimant and Respondent

Mrs Fraser

Claimant and Respondent

Procedural Posture

Multiplepoinding / Petition to Apply House of Lords Judgment

Legal Issues

  1. 1 Whether decree for expenses should be granted in name of agent-disburser to prevent set-off against principal sum paid
  2. 2 Whether trustees have right of compensation for £500 paid to Mrs Grieve after House of Lords reversed entitlement

Ratio Decidendi

Trustees are entitled to set off the sum paid to Mrs Grieve against expenses awarded, as the claim arises from the same action and is not extrinsic; decree for expenses in name of agent-disburser would improperly deprive trustees of right to compensation.

Court Disposition

motion refused

Orders

  • Decree for expenses not granted in name of agent-disburser
  • Trustees retain right of compensation for £500 paid to Mrs Grieve