Nelson & Co. v. Corporation of Glasgow [1908] ScotLR 710 (30 May 1908)

Nelson & Co. v. Corporation of Glasgow [1908] ScotLR 710 (30 May 1908)

Decree for expenses in the name of the agents-disbursers should be granted where the pursuer has been found entitled to expenses and no liquid and existing counterclaim for expenses exists; mere possibility of a future counterclaim is insufficient to justify refusal or supersession of decree.

Citation
[1908] ScotLR 710
Parties
Pursuer: Hugh Nelson & Company; Defender: Corporation of Glasgow
Jurisdiction
Scotland
Judgment Date
30 May 1908
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary
Outcome
interlocutor of Lord Ordinary recalled; decree for taxed expenses in name of agents-disbursers granted
Legal Topics
Expenses, Decree in Name of Agent, Compensation, Title to Sue, Arbitration Clause
Civil Procedure Contract Law Expenses Decree in Name of Agent Compensation Title to Sue Arbitration Clause

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hugh Nelson & Company

Pursuer

Corporation of Glasgow

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutor of Lord Ordinary

Legal Issues

  1. 1 Whether decree for expenses should be granted in the name of the agents-disbursers when a potential counterclaim for expenses may arise in the future.
  2. 2 Whether the Lord Ordinary was correct to supersede consideration of the motion for decree in name of agents-disbursers due to possible future claims.

Ratio Decidendi

Decree for expenses in the name of the agents-disbursers should be granted where the pursuer has been found entitled to expenses and no liquid and existing counterclaim for expenses exists; mere possibility of a future counterclaim is insufficient to justify refusal or supersession of decree.

Court Disposition

interlocutor of Lord Ordinary recalled; decree for taxed expenses in name of agents-disbursers granted

Orders

  • Interlocutor reclaimed against recalled.
  • Remitted to Lord Ordinary to decern for the taxed amount of expenses in name of the agents-disbursers.