Fine v. Edinburgh Life Assurance Co. and Others [1909] ScotLR 480 (27 February 1909)

Fine v. Edinburgh Life Assurance Co. and Others [1909] ScotLR 480 (27 February 1909)

The sums due under the English judgment had passed into the region of judgment debts and were not part of a living proceeding. The present Scottish action was not partes ejusdem negotii with the English action, as each raised a different question. Therefore, the agent-disburser was entitled to decree for expenses in his own name, and set-off was not available.

Citation
[1909] ScotLR 480
Parties
Pursuer: Louis Fine; Arrestee/defender: Edinburgh Life Assurance Company; Principal Debtor/defender: Mrs Mary Selina Eyre
Jurisdiction
Scotland
Judgment Date
27 February 1909
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor Granting Decree for Expenses in Name of Agent Disburser
Outcome
appeal dismissed; decree for expenses in name of agent-disburser affirmed
Legal Topics
Expenses, Compensation, Set Off, Agent Disburser, Cross Jurisdictional Enforcement
Civil Procedure Enforcement of Judgments Expenses Compensation Set Off Agent Disburser Cross Jurisdictional Enforcement

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Parties

Louis Fine

Pursuer

Edinburgh Life Assurance Company

Arrestee/defender

Mrs Mary Selina Eyre

Principal Debtor/defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor Granting Decree for Expenses in Name of Agent Disburser

Legal Issues

  1. 1 Whether a pursuer can set off sums due under an English judgment against expenses awarded in a Scottish action of furthcoming
  2. 2 Whether decree for expenses can be granted in the name of the defender's agent as agent-disburser when the prior action is no longer pending and the actions are not partes ejusdem negotii

Ratio Decidendi

The sums due under the English judgment had passed into the region of judgment debts and were not part of a living proceeding. The present Scottish action was not partes ejusdem negotii with the English action, as each raised a different question. Therefore, the agent-disburser was entitled to decree for expenses in his own name, and set-off was not available.

Court Disposition

appeal dismissed; decree for expenses in name of agent-disburser affirmed

Orders

  • Decree for taxed expenses (£43, 16s. 1d.) to be granted in name of agent-disburser
  • Court adhered to Lord Ordinary's interlocutor