Robert Muir & Co., Ltd v. The United Collieries, Ltd [1908] ScotLR 569 (17 March 1908)

Where a motion for recall of arrestments is made by ordinary motion within the principal action and not by separate petition, the expenses of opposing such motion may be allowed as part of the principal action's expenses.

Citation: [1908] ScotLR 569
Parties: Pursuer: Robert Muir & Company, Limited; Defender: The United Collieries, Limited
Jurisdiction: Scotland
Judgment Date: 17 March 1908
Procedural Posture: Civil / Objection to Auditor's Report on Expenses After Final Judgment
Outcome: Objection sustained in part; three guineas allowed as expenses for opposing the motion for recall.
Legal Topics: Expenses, Arrestments on Dependence, Motion for Recall, Personal Diligence Act 1838

Civil Procedure Expenses Arrestments on Dependence Motion for Recall Personal Diligence Act 1838

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Parties

Robert Muir & Company, Limited

Pursuer

The United Collieries, Limited

Defender

Procedural Posture

Civil / Objection to Auditor's Report on Expenses After Final Judgment

Legal Issues

1 Whether expenses incurred in opposing a motion for recall of arrestments, made by ordinary motion rather than petition, are recoverable as expenses in the principal action or must be treated as a separate process.

Ratio Decidendi

Court Disposition

Objection sustained in part; three guineas allowed as expenses for opposing the motion for recall.

Orders

Auditor's disallowance of expenses overturned to the extent of allowing three guineas for opposition to the motion for recall.