Robertson v. Brandes, Schonwald & Co. [1907] ScotLR 899 (12 July 1907)

Robertson v. Brandes, Schonwald & Co. [1907] ScotLR 899 (12 July 1907)

Where the defender is willing to arbitrate from the outset, the pursuer cannot recover the expenses of raising the action, but the defender is not entitled to expenses if they initially repudiated liability.

Citation
[1907] ScotLR 899
Parties
Pursuer: John Robertson; Defender: Brandes, Schonwald & Company
Jurisdiction
Scotland
Judgment Date
12 July 1907
Procedural Posture
Civil / Post Arbitration, Expenses Determination
Outcome
decree of absolvitor; no expenses due to or by either party
Legal Topics
Expenses, Arbitration Clause, Breach of Contract, Jurisdiction, Foreign Parties
Contract Law Arbitration Civil Procedure Expenses Arbitration Clause Breach of Contract Jurisdiction Foreign Parties

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Parties

John Robertson

Pursuer

Brandes, Schonwald & Company

Defender

Procedural Posture

Civil / Post Arbitration, Expenses Determination

Legal Issues

  1. 1 Whether the defenders are liable for the expenses of raising the action and the discussion in the procedure roll after arbitration was called for and held.

Ratio Decidendi

Where the defender is willing to arbitrate from the outset, the pursuer cannot recover the expenses of raising the action, but the defender is not entitled to expenses if they initially repudiated liability.

Court Disposition

decree of absolvitor; no expenses due to or by either party

Orders

  • Court recalled the sist and assoilzied the defenders.
  • No expenses due to or by either party.