Conolly v. North British Railway Co. [1908] ScotLR 311 (15 January 1908)

Conolly v. North British Railway Co. [1908] ScotLR 311 (15 January 1908)

Expenses connected with the setting aside of the verdict in the first trial are part of the expenses of that trial, not the subsequent trial. The Court's finding on entitlement to expenses includes all expenses properly connected with the relevant trial, including those incurred in seeking a new trial.

Citation
[1908] ScotLR 311
Parties
Pursuer: Thomas Conolly; Defender: North British Railway Company
Jurisdiction
Scotland
Judgment Date
15 January 1908
Procedural Posture
Civil Damages Action / Objection to Auditor's Report on Expenses After New Trial
Outcome
objection sustained
Legal Topics
Expenses, Jury Trial, New Trial, Costs of Litigation
Civil Procedure Expenses Jury Trial New Trial Costs of Litigation

Case Brief

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Parties

Thomas Conolly

Pursuer

North British Railway Company

Defender

Procedural Posture

Civil Damages Action / Objection to Auditor's Report on Expenses After New Trial

Legal Issues

  1. 1 Whether the expenses incurred in discussing a rule for a new trial form part of the expenses of the first trial or the subsequent trial.

Ratio Decidendi

Expenses connected with the setting aside of the verdict in the first trial are part of the expenses of that trial, not the subsequent trial. The Court's finding on entitlement to expenses includes all expenses properly connected with the relevant trial, including those incurred in seeking a new trial.

Court Disposition

objection sustained

Orders

  • Expenses incurred in discussing the rule for a new trial are disallowed as part of the expenses of the subsequent trial and are to be treated as part of the expenses of the first trial.